SuperLawyers badge
ABA badge
NELA badge
BBB badge
Avvo Rating badge

Overtime Pay Basics

Everyone is Assumed to be Entitled to Overtime Pay

Overtime Pay Under the law, everyone is assumed to be entitled to overtime pay. It does not matter how you are paid or what kind of work you do. Even people who earn a salalry are entitled to it. Most all jobs that involve manual labor or clerical/administrative office work qualify for overtime pay.

The Exemptions to Overtime Pay

The law assumes that everyone should get overtime pay – UNLESS they fall into an exemption. There are many exemptions but the four most common ones are listed below.


People who are genuine managers are exempt. To qualify for this exemption, the person must manager two or more people and managing people must be the focus of their job. If a person manages just a few people and spends the bulk of their effort on other tasks they may not qualify as a manager. Employees are often misclassified as managers just to avoid the overtime pay requirement.


High level company officials who run a company or department within a company are also exempt. See the U.S. Department of Labor Fact Sheet for more on the Executive and Managerial exemption.

High Level Administrators

Employees who make important, unsupervised, business decisions are also exempt.

Learned Professions

People with advanced degrees like doctors, dentists, lawyers and the like are also exempt.

These are the four most common exemptions. See a more detailed explanation of your rights to overtime pay on our New York Overtime Lawyers page. If you have questions, please give us a call for a free consultation.

More info on Overtime:

Client Reviews
Wonderful Experience working with the Ottinger Firm! I was upset and very emotional after losing my job. The attorneys at the firm were very patient, caring and knowledgeable. They fought for me and won! Candith J.
Everybody at this firm was helpful, thorough, and knew what they were doing! They efficiently managed to get results. Any questions I had were answered with depth. The process in which they work made things feel very at ease when it came to the case I hired them for. I would highly recommend this firm! Christian S.
I never hesitate to recommend Robert Ottinger to friends and family. He is thoughtful, responsive, realistic in managing expectations, an expert in employment law and really cares about helping people with their employment situations. I'm grateful for the help he has provided to me Amy Z.
Thank you to the Ottinger firm for taking our case, fighting for us and getting positive results. When a business does not pay you what you are owed and you want results, The Ottinger firm is your go to! Robin H.