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Are All Salaried Employees Exempt From Overtime?

You must be paid on a salary basis to be exempt from overtime.  But you are not necessarily exempt just because you are paid a salary.

If you are salaried but make less than $35,568 a year, you are not exempt and should be paid time and a half for all hours worked over forty in a week.

If you are salaried but your primary job duties are not considered "exempt duties" under Massachusetts and federal law, you are not exempt and should be paid time and a half for all hours worked over forty in a week.

The definition of "non-exempt duties" is very fact specific, but generally involves:

• Bona fide executives: people in a supervisory or management role.
  
• Bona fide professionals:  licensed professionals.
  
• Bona fide administrative employees: 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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