Are You Subject to Overtime Pay?

The overtime rules apply to all nonexempt employees. A common mistake employers make is to presume that the overtime rules don't apply to salaried employees. The rules apply to all salaried employees, unless they fall into one of the exempt categories.

There are some other occupations that don't have to receive overtime pay under the FLSA (but may be covered by other provisions such as minimum wage, child labor or equal pay). They include:

There are also partial exemptions for certain types of employees if certain criteria are met:

If your nonexempt employees do not meet any of these exemptions, then you must pay them overtime pay for any hours in excess of 40 hours that they work in a workweek.