- Employment Law
- Employment Discrimination
- Overtime
- Retaliation at Work
- Common Employment Law Questions
- Discrimination Questions
- Overtime Questions
- Am I Exempt or Non-Exempt for Overtime or Minimum Wage?
- Am I Considered a Highly Compensated Employee Who Is Exempt from Overtime?
- Am I Considered an Outside Salesperson and Exempt from Overtime?
- Am I Entitled to A Lunch Break?
- Are Executive or Professional or Administrative Employees Exempt from Overtime?
- Can I be Required to Work 7 Days a Week?
- Can I be Required to Work 72 Hours a Week?
- How do I Calculate my Overtime Rate?
- Is my Computer Related Occupation Exempt From Overtime?
- Should I get Paid for Time Spent Preparing for Work?
- Should I get Paid for Travel Time?
- General Questions
- Class Action Cases
- Fraud Against the Government
- Contact Our Lawyers
Am I Considered a Highly Compensated Employee Who Is Exempt from Overtime?
- A highly compensated job may be considered exempt if it is one in which:
- - you are guaranteed a total annual compensation of at least $100,000.
- - your job customarily and regularly performed one or more identifiable executive, administrative, or professional functions.
- No matter how much you are paid as long as your job doesn't meet the tests for executive, administrative, or professional exemption, you are not considered exempt and you are entitled to overtime if you are:
- - considered a "blue collar" worker,
- - a police officer,
- - a fire fighter,
- - a paramedic,
- - a EMT, or
- - any other first responders.
Total annual compensation may include only base salary, commissions, non-discretionary bonuses, and other non-discretionary compensation.
- Total annual compensation may NOT include such things as:
- - Payments for medical insurance
- - Payments for life insurance
- - Matching 401(k) pension plan payments
- - Contributions to retirement plans, or
- - Costs of other fringe benefits.
» Contact Deskin Law Firm About Your Overtime Compensation Question
If you believe that you are not getting overtime wages when you should use our detailed Overtime Compensation Question form to send us a detailed question about your overtime situation.
