Employers have the burden of proving that an employee is from overtime requirements. They have to show that an employee qualifies for one of the following exemptions: Executive, Administrative, Professional, or Sales. To learn more, read on.
If you want more information (or can’t take any more legalese), contact us for a free consultation to determine whether you are exempt.
Executive Exemption
Oftentimes, employers incorrectly use this exemption for managers, assistant managers, and supervisors. If your employer treats you as an exempt employee, ask yourself these questions:
If your answer to any of these questions is NO, you may be entitled to back pay for overtime.
Administrative Exemption
The administrative exemption applies to employees who perform office or non-manual work that is directly related to the management policies or general business operations of their employer or their employer’s customers. If your employer treats you as an exempt employee, ask yourself these questions:
If your answer to any of these questions is NO, you may be entitled to back pay for overtime.
IT specialists, loan officers, and insurance claims adjusters, among others, are commonly misclassified under the administrative exemption.
Professional Exemption
The professional exemption applies to certain employees who have advanced knowledge, education, or licensing. If your employer treats you as an exempt employee, ask yourself these questions:
If your answer to any of these questions is NO, you may be entitled to back pay for overtime.
Computer Professional Exemption
The computer professional exemption only applies to employees working in the computer field. If you work in this field and your employer treats you as an exempt employee, ask yourself these questions:
If your answer to any of these questions is NO, you may be entitled to back pay for overtime.
Outside Sales Exemption
The outside sales exemption only applies to employees who work on outside sales more than 50% of their time. If you are in sales and your employer treats you as an exempt employee, ask yourself these questions:
If your answer to this question is NO, you may be entitled to back pay for overtime.
“Outside” sales does not include sales made by mail, telephone or the Internet, unless such contact is part of in-person sales visits with clients. Watch out – working from home does not make your work “outside” sales. If you work from home, your sales efforts must be more than 50% away from your home to qualify for the exemption.
Inside Sales Exemption
The inside sales exemption only applies to employees who work in sales and meet certain requirements. If you are in sales and your employer treats you as an exempt employee, ask yourself these questions:
If your answer to any of these questions is NO, you may be entitled to back pay for overtime.