Overtime Exemptions FAQ

There are exemptions under the FLSA for certain job positions and industries.  These exemptions will typically mean that employees in these positions are not entitled to overtime pay when they work more than 40 hours.  In some cases, employees may also be exempt from the minimum wage requirements, as well.

Click here to learn more about the various exemptions from the overtime pay laws and what types of employees are, and are not, entitled to overtime pay.  If an exemption properly applies to your job, your employer will not be obligated to pay overtime.

If my job is changed from “exempt” to “non-exempt” (reclassified), can I recover my unpaid overtime?

Yes. Your employer probably reclassified your overtime status because it discovered that you were previously misclassified. You may be entitled to recover up to double your unpaid overtime wages going back two or three years prior to the reclassification.

If you would like a free, confidential review of your situation, you can submit our online intake form.  Note, there are strict time deadlines on how far back you can go on an overtime claim so the sooner you have your situation evaluated, the better.

Client Reviews


A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.


After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.


We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.

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