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What Employees Must be Paid Overtime?

Understanding who is exempt vs. non-exempt can be a challenge for employers.  To be considered exempt from overtime laws, your employees must be: (i) paid on a salary basis; (ii) earning a minimum of $684 per week, or $35,568 annually; and (iii) performing primary duties that are considered exempt under state and federal overtime laws.

Some things you need to know:
  • If you have employees who are paid on something other than a salary basis (i.e., hourly, commission-based, or piece work), they are not exempt from overtime regardless of what their duties are.
  • If you have employees who do not earn at least $684 per week, or $35,568 annually, they are non exempt from overtime, no matter what their duties are or whether they are paid on a salary basis or not.
  • The definition of "non-exempt duties" generally involves people in a supervisory or management role, licensed professionals, and individuals performing administrative tasks with a high level of responsibility and independent judgment.  There are, however, very specific lists of other exemptions that you should talk to an employment attorney about if you have questions.

Learn more here about overtime law in Massachusetts.

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog