Understanding the White Collar Employee Exemptions from Overtime Pay Law
The white collar employee exemptions from overtime overtime pay law apply to persons who work in certain administrative, professional, and executive job positions. The white collar exemptions from overtime pay are often misunderstood, frequently misapplied, and misused by employers. You may be entitled to overtime pay even if you have been told by your employer that you are an “exempt” white collar employee.
A common misconception is that workers who are paid on a salaried basis automatically qualify as administrative, professional or executive employees, no matter what their nature of their job duties and responsibilities. For a worker to be “exempt” as an administrative, executive, or professional employee, an employer must prove that:
- the employee is paid on a salary or fee basis; and
- that the employee’s job duties qualify the employee for the special exemption.
That means an employee who is not paid on a salary basis but otherwise performs the job duties of “administrative or executive employees” must be paid overtime compensation. Likewise, an employee is who paid on a salary basis must be paid overtime wages if he or she does not perform the job duties and responsibilities of an “administrative, executive, or professional employee.” Follow these links to learn more about the white collar employee exemptions from overtime pay law.
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If you have questions regarding employment law or overtime pay law, contact Werman Salas P.C. to learn more about your rights. Prospective clients can schedule an appointment by calling 877-419-1008 or by completing our contact form.