Exempt employees do not receive overtime pay because of their pay rate and the type of job responsibilities they have. Nonexempt employees are eligible to receive overtime pay for any worked completed over 40 hours in a week. Employers are in violation when they misclassify employees. Employees that are classified as exempt, but truly are nonexempt are entitled to back pay of any work performed over 40 hours in a work week. Employers should really consider which classifications they are placing their job positions in. In order to be classified as an exempt employee certain criteria must be met. There is a salary level test, a salary basis test and a job duties test. The salary level test states the amount an employee must make in a week. There
