Under federal FLSA regulations, you are likely classified as non-exempt, meaning your employer is legally required to pay you 1.5x overtime for all hours worked over 40 in a single workweek.
Under the **Fair Labor Standards Act (FLSA)**, the federal law governing wages and working hours, all covered employees are classified into one of two legally distinct groups:
1. **Non-Exempt Employees:** Are entitled under the law to receive at least federal minimum wage and **time and one-half (1.5x) their regular rate of pay** for all hours worked over 40 in a single workweek.
2. **Exempt Employees:** Are **not eligible** for overtime pay. In exchange, they are typically paid a guaranteed fixed salary and perform specialized job duties that meet specific legal standards.
An employer cannot simply choose to classify a worker as exempt just to avoid paying overtime. To legally classify an employee as exempt, **all three** of the following tests must be met simultaneously:
1. The Salary Basis Test:
The employee must be paid a predetermined, fixed salary that does not fluctuate based on the quality or quantity of work performed. Deductions from salary for taking partial-day off or business downturns are generally prohibited.
2. The Salary Level Test:
In 2026, the employee's salary must meet or exceed a minimum legally defined threshold, which is currently set at **$684 per week** (equivalent to **$35,568 per year**). Anyone earning less than this amount is **automatically non-exempt**, regardless of their job title or duties!
3. The Primary Job Duties Test:
The employee's core, primary responsibilities must involve high-level tasks categorized under specific exemptions:
• **Executive Exemption:** Primary duty is managing the enterprise or a department, regularly directing at least 2 full-time employees, and having the authority to hire/fire.
• **Administrative Exemption:** Primary duty is performing non-manual office work directly related to business management/operations, and regularly exercising "discretion and independent judgment" on major decisions.
• **Professional Exemption:** Primary duty requires advanced knowledge in a specialized field of science or learning, typically requiring a professional college degree (e.g., CPA, Engineer, Doctor, Lawyer).
IMPORTANT NOTE: Job titles are completely meaningless under the FLSA. Having the word "manager" or "supervisor" in your title does not make you exempt unless your actual daily job duties meet the legal tests detailed above!