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ABA Family Legal Guide

Law and the Workplace

On the Job

Wages and Hours

Are all employees entitled to overtime pay?

No. There are several categories of workers who are exempt from the overtime requirements. The most common employee exemptions are

  • certain executive, administrative, and professional employees;
  • outside salespeople;
  • retail commission salespeople whose regular rate of pay is more than one and a half times the minimum rate and more than half of whose wages come from commissions;
  • taxicab drivers; and
  • computer system analysts, computer programmers, or software engineers who are paid at least $27.63 an hour.
  • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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