Many times companies automatically classify its “managers,” “supervisors,” or “bosses” as exempt from overtime under the Executive Exemption when in reality the employees are actually entitled to overtime. In order to determine whether an employee is entitled to overtime, you must look at the employee’s job duties – not their job title.
To qualify under the Executive Exemption, an employee must meet the following tests:
1. The employee must be compensated on a salary basis at a rate of not less than $455 per week;