This is determined under the Fair Labor Standards Act (FLSA). Factors include employees’ job responsibilities and autonomy to make decisions as part of their classification. Employees determined to be non-exempt employees are paid minimum wage or higher for any hours worked less than 40 hours a week; for any hours over 40 worked in a week a rate of time and one-half must be paid. Employees classified as exempt are not paid overtime under FLSA.
Job title alone does not determine classification of a job as exempt or non-exempt. Use the job description to determine if an employee is an exempt executive. An employee must earn a minimum $455 per week to be classified as exempt. The most important determining factor in classifying employees as exempt or non-exempt comes from a duties test.
As always, seek legal help to make the right decision.