What Employees are Exempt From Overtime?

Anyone who is not exempt from overtime laws must be paid time and a half for all hours worked over 40 hours in any single week.

Understanding who is exempt vs. non-exempt can be challenging.  The basic rule is that to be exempt from overtime laws, you have to be: (i) paid on a salary basis, meaning your pay does not change based on the hours you work; (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 are not paid on a salary basis, you are entitled to overtime no matter what your duties are.
• If you do not meet the minimum earnings of at least $684 per week, or $35,568 annually, you are entitled to overtime, no matter what your duties are or whether you are paid on a salary basis or not.
• The definition of "non-exempt duties" is very fact specific, but 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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