When are you considered to be “exempt”?

UPDATED: Jan 14, 2013

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When are you considered to be “exempt”?

I make 21,500 annual salary plus commission. Last yearI made $52,000 annual with commission. I work in sales and all of my work is done at my desk either taking calls from customers, or calling back previous customers and selling them more product (merchandise – sports related memorabilia), I never leave the office except for lunch. I currently work minimum 40 hours per week but often work 44-48 hours depending on the promotion we have going on at the time. On average I work an additional 20 hours a month above and beyond my 40 hour work week. While we are not “required” to come in early and work late, I was not sure if my salary was supposed to be at FLSA minimum of $23,600 or if I am entitled to overtime?

Asked on January 14, 2013 under Employment Labor Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are asking if your salary is "exempt" from your state's minimum wage requirements then you need to actually ask yourself if you are in a managerial capacity or not free to make decisions on your own or are dictated to as to what you do by your supervisors. If the latter, you are entitled to minimum wage scale and overtime. If the former, salary is fine and no overtime.

I suggest that you have a face to face meeting with a representaitve with your local department of labor to determine what you are entitled to from a wage scale standpoint and overtime.

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