Most companies are required to pay employees overtime. However, there are several jobs that are exempt. If you work in one of these jobs, know the guidelines before you demand overtime pay.
Related resources that may be helpful: Hotel Courtesy Insurance and the FIRST Funding Solutions Program.
Jobs exempt from overtime
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Salaried employees
Certain white-collar employees who are paid a salary and work as an executive, administrative, or computer professional may be exempt from overtime pay.
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Outside sales workers who are paid on a salary basis
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Volunteers
Volunteers for a government agency or a profit or nonprofit charitable, educational, or religious organization are generally not eligible for overtime pay.
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Individuals who reside or sleep at their place of employment
This includes people who are on call for significant time periods while residing where they work.
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Agriculture workers
Employees on a farm, ranch, horticulture, or other agriculture business may be exempt from overtime when the business grades, packs, packages, stores, or delivers products. Commercial agricultural businesses may also be exempt if they cultivate, raise, harvest, can, freeze, process, or deliver their own products or a mix of their own and others' products.
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Newspaper vendors or carriers
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Casual laborers in private residences
Babysitters and individuals who mow lawns or remove snow for a private home typically do not receive overtime; workers employed by a company that provides these services generally do receive overtime pay.
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Public officials
Elected or appointed public officials are generally exempt.
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Youth camp workers
This category includes staff at YMCA, Scouts, and church camps.
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Seasonal fair employees
Seasonal agricultural fair employees who work fewer than 14 days per fair are often exempt.
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Forest protection and fire prevention personnel
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Inmates, residents, or patients
Inmates, residents, or patients of state or local correctional, detention, rehabilitation, or treatment centers are typically not eligible for overtime pay.
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Seamen
Seamen on American or foreign vessels may be covered by different pay rules and exemptions.
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Air carrier employees
Air carrier employees who volunteer hours while shift-trading may be treated under special rules.
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Motion picture projectionists
Projectionists who work under a contract or collective bargaining agreement may be exempted from standard overtime rules.
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Washington State ferry crews
Ferry crews who work on vessels operated by the Department of Transportation are covered by specific rules for that service.
Jobs with alternative overtime arrangements
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Firefighters and police officers
These workers may receive alternative overtime compensation when they work certain tours of duty.
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Commissioned salespeople
Some commissioned salespeople receive time-and-one-half the minimum wage for hours worked rather than standard overtime.
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Retail or service establishment workers
Workers whose commissions make up more than half of their weekly wages may be eligible for alternative compensation methods.
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Truck or bus drivers
Drivers may be covered by a "reasonably equivalent" overtime compensation plan that must be approved by the relevant labor authority.
If you have questions about how these categories apply to your situation, talk to an agent.
Frequently Asked Questions
Are salaried employees always exempt from overtime?
Not always; some salaried employees meet specific salary-and-duty tests that make them exempt, while others do not and should receive overtime pay.
Do volunteers or inmates get overtime pay?
Generally no; volunteers and inmates typically are not eligible for overtime compensation.
What should I do if I think I'm misclassified as exempt?
Check with your state labor department or consult a qualified employment professional to review your job duties and pay status.
Who approves alternative overtime plans for drivers?
Alternative overtime plans must be approved by the applicable labor authority or agency that oversees wage and hour rules.