Exempt or Non-Exempt? Overtime Exemptions Explained

rest break 300x199 Exempt or Non Exempt? Overtime Exemptions Explained

Welcome to nonexempt.org, where you can help determine whether you are exempt from overtime or nonexempt from overtime under their state and federal laws.

This site came into existence because the question of whether you are exempt or nonexempt from overtime is one of the most difficult in employment law. Strauss & Strauss, APC, an employment law firm in California, receives dozens of phone calls each weeks from employees asking this very question. While we would like to be able to answer every potential client with a specific answer (“You are nonexempt from overtime” or “You are exempt from overtime”), it really is not that easy. This site endeavors to set forth how the various courts throughout the country have come down on the exempt vs. nonexempt issue.

It is almost never easy to determine whether an employee is exempt or nonexempt from overtime, but this site attempts to make it easier.

We analyze the following overtime exemptions:

Employees can browse the site by state or federal circuit court overtime exemption cases. They can also see if those courts have discussed job titles like theirs. You can also browse our exempt vs. nonexempt faqs. Additionally, we offer free exempt vs. nonexempt case evaluations; simply use our contact form and tell us about your job duties, and we will get back to you with information about whether you are exempt or nonexempt from overtime pay, lunch breaks, minimum wage, and more under the professional exemption, executive exemption, administrative exemption, outside salesperson exemption, inside salesperson exemption, or another exemption.

Exempt or nonexempt? Typically, “Exempt” means that an employee is not entitled to overtime pay, while “Non-Exempt” means that an employee must be paid overtime wages. Learn more about the difference between being exempt or nonexempt.

Lawyers, too, can partake; if you know of a case that discusses an overtime exemption, please contact us with a link to that case, and we will post an article about it.

Some day, this site will be the one of the best resources for employees (and employers) to determine who is exempt or nonexempt from overtime pay. Enjoy!