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Exempt or non-exempt employees under the FLSA; How this affects your overtime eligibility

Do you work over 40 hours in a work week? Learn the wage laws for exempt and non-exempt employees - Find out if you are owed overtime for the extra hours you put in at work.

If you work more than 40 hours a week, there is a good chance your employer should be paying you overtime. In fact, 90 percent of employees are eligible for overtime pay under the FLSA. Many employees work on the weekends and after-hours and end up working over 40 hours in a work week.

The first step to determine your overtime eligibility is to identify whether you are a non-exempt employee. Employees who are eligible for overtime are "non-exempt", and those who are not eligible for overtime wages are considered "exempt". If you are non-exempt, then you are covered under the protections of the Fair Labor Standards Act (FLSA) and your employer is supposed to pay you at least minimum wage and overtime pay for every hour over 40 worked in a workweek.

Are you eligible for overtime pay?

It is usually best to have a review of your job duties and how you are paid in order to determine if you are eligible to be paid overtime. It is also important to know that almost 90 percent of the workforce is eligible for FLSA protections.

• Administrative and creative professionals are treated differently under the wage laws, but there are strict guidelines for employees to meet those conditions. Read more about exemptions for administrative and creative professionals.
• Independent contractors are usually exempt from overtime pay, but there are also strict rules for employees in this category. Thousands of employees are misclassified as independent contractors every year.

Read more about being misclassified as an independent contractor.

How should overtime be paid?