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.