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Misclassifying Employees as Exempt from Overtime

There’s more to being exempt from overtime than simply getting a salary. Your job duties determine whether your employer can classify you as exempt from overtime pay, not the sign on your cubicle wall or the title on your business card. If you’re doing the same work as other employees who are being paid overtime, then chances are you should be getting paid overtime too.

Additionally, with very few exceptions, you have to be paid a salary that is at least twice the minimum wage to be exempt from overtime. If your salary is less than twice the minimum wage, you’re most likely not exempt from overtime.

If your employer misclassified you as exempt from overtime, then you’re entitled to recover all of the overtime that you should have been getting paid.