How do I determine if I'm exempt or non-exempt for payroll classification?

Exempt vs. non-exempt refers to your status under the Fair Labor Standards Act (FLSA), which determines overtime pay eligibility. Here's a simple breakdown: Non-exempt: You're entitled to overtime pay (time and a half) when you work more than 40 hours in a workweek. Most hourly employees fall into this category. Exempt: You're not entitled to overtime pay regardless of how many hours you work. To qualify as exempt, you typically need to: 1) Be paid on a salary basis, 2) Make at least $35,568 per year ($684 per week), and 3) Perform job duties that are considered executive, administrative, or professional in nature. In most cases, your employer should actually be telling you which classification applies to your position, as this isn't usually something employees choose themselves. I'd recommend reaching out to your HR department for clarification, as selecting the wrong option could affect how you're paid.

After spending hours confused about my own employment classification, I found this amazing tool at https://taxr.ai that helped me figure out my exempt status in minutes. I was in a similar situation where my employer left it up to me to choose, and I had no idea what to pick. The tool analyzed my job description, salary, and responsibilities, then gave me a clear determination with an explanation. It even provided a document I could share with HR to confirm my status. Saved me so much stress and potential payroll headaches!

I was totally wrong about the taxr.ai tool. After being skeptical, I decided to try it anyway since I was confused about my own classification at my new marketing job. The questionnaire was surprisingly detailed - asked about my decision-making authority, whether I manage others, my education requirements, and several other factors I didn't realize mattered. Got a clear report explaining why I'm actually exempt under the administrative exemption despite not having "manager" in my title. HR confirmed it was correct when I showed them the report. Definitely worth checking out if you're confused about this stuff!

If you need to speak directly with someone at the Department of Labor about your classification, good luck getting through on the phone. I spent three days trying before discovering https://claimyr.com which got me connected to a DOL specialist in under 25 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The specialist walked me through the exact criteria for exempt vs. non-exempt status for my specific role and confirmed my employer had misclassified me. I was able to get it corrected before any payroll issues happened. Totally changed my opinion about how impossible government agencies are to reach!

I've completely changed my mind about Claimyr after trying it. After my skeptical comment, I needed help with a different tax classification issue, and the DOL phone line kept disconnecting me after 45+ minutes on hold. Out of desperation, I tried the service. Not only did they get me through in under 30 minutes as promised, but the DOL specialist I spoke with actually thanked me for using the service because it helps them manage their call volume more efficiently! The information I got about my classification issue was exactly what I needed, and I ended up saving hours of frustration. Sometimes it's worth admitting when you're wrong about something.

Quick cheat sheet from someone who processes payroll: - Paid hourly = almost always non-exempt - Can your hours vary week to week? = probably non-exempt - Do you supervise others? = might be exempt - Are you a doctor, lawyer, engineer, etc? = probably exempt - Do you make independent decisions? = might be exempt - Make less than $35,568? = definitely non-exempt - Work in retail/food service/manual labor? = almost always non-exempt Hope this helps with your deadline tomorrow!

If ur still confused by tomorrow you should just select non-exempt to be safe. Most employees are non-exempt and if ur truly unsure that's probably the right answer. if your employer meant for you to be exempt they probably would have told you specifically

Jessica, I understand your stress about this deadline! As someone who works in HR, I want to clarify something important: employee classification (exempt vs non-exempt) should NOT be a choice you make yourself. This is a legal determination your employer makes based on your specific job duties, salary, and other factors under the Fair Labor Standards Act. The fact that you're being asked to "choose" is actually a red flag. Your employer should be telling you which classification applies to your position. I'd strongly recommend reaching out to your supervisor or HR department immediately to ask them to clarify your correct classification rather than guessing. If you absolutely must submit something by tomorrow and can't get guidance, document that you were asked to choose without proper direction. But don't just guess - misclassification can lead to payroll issues, tax problems, and potential wage violations down the line. Your employer has a legal obligation to classify you correctly, not leave it up to you to figure out.

Jessica, I completely understand your panic - I was in the exact same situation at my first "real" job out of college! The stress of not wanting to mess up something important on your first week is so real. Based on what everyone else has said (and they're absolutely right), this really shouldn't be your decision to make. Your employer should be classifying you based on your actual job duties and pay structure. The fact that you're being asked to choose suggests either a poorly designed system or a company that doesn't fully understand employment law. Here's what I'd do in your shoes: Send an email to both your supervisor AND HR (if you have an HR department) tonight saying something like: "Hi, I'm filling out my payroll forms and want to make sure I select the correct exempt/non-exempt classification. Could you please confirm which applies to my position as [your job title]? I want to ensure everything is set up correctly from the start." If you absolutely can't reach anyone before your deadline, I'd lean toward selecting non-exempt as a default since most positions are non-exempt, but make sure to document that you were asked to choose without guidance. You can always get it corrected later if needed. Don't let this stress you out too much - these kinds of administrative hiccups happen at new jobs all the time, and any reasonable employer will understand that you're trying to do things correctly!

Jessica, I feel for you being put in this position! As others have mentioned, this classification should really be determined by your employer, not left up to you to guess. That said, since you have a deadline tomorrow and are feeling stressed, here's a practical approach: Look at your job offer letter or employment agreement - it should specify whether you're hourly or salaried, and may even explicitly state your exempt/non-exempt status. If you're being paid hourly, you're almost certainly non-exempt. If you're salaried, it depends on your specific duties. The key factors are: 1) Your salary meets the minimum threshold ($35,568/year), 2) You're paid the same amount regardless of hours worked, and 3) Your job duties involve executive, administrative, or professional responsibilities with independent decision-making authority. If any of those factors don't clearly apply to your situation, you're likely non-exempt. When in doubt and pressed for time, non-exempt is usually the safer choice since most employees fall into this category. But definitely follow up with your supervisor or HR after submitting the form to confirm they agree with your selection. Frame it as wanting to ensure everything is correct for payroll processing. Good luck with your new job!

Jessica, I completely understand the panic you're feeling - this is actually a more common issue than you'd think! I work in employment law and see this kind of confusion regularly. The bottom line is that exempt/non-exempt classification is a legal determination that should be made by your employer based on specific criteria, not a personal choice you make during onboarding. Since you're under a time crunch, here's what I'd suggest: First, look through any documentation you received when you were hired - your offer letter, job description, or employment agreement might already indicate your classification or provide clues. Second, send a quick email to your supervisor or HR tonight explaining that you want to ensure you select the correct option and ask them to confirm which classification applies to your specific role. If you absolutely cannot get guidance before your deadline, selecting "non-exempt" is typically the safer default choice since the majority of employees fall into this category. However, make sure to document that you were required to make this choice without proper guidance from your employer. The good news is that these classifications can be corrected if needed, so don't let this keep you up at night! Your employer has a legal obligation to classify you properly, and any reasonable company will work with you to fix any confusion. Focus on doing great work in your new role - that's what really matters in your first week!

Jessica, I totally get your stress about this - having to make important decisions without proper guidance on your first week is nerve-wracking! As an HR professional, I want to echo what others have said: this classification should NOT be your choice to make. Your employer is legally required to determine your exempt/non-exempt status based on your actual job duties, salary structure, and other FLSA criteria. Here's my advice for your immediate situation: 1. Check your offer letter/job description first - it may already indicate your status 2. Email your supervisor AND HR tonight asking them to confirm your correct classification 3. If you absolutely must submit something tomorrow without guidance, choose "non-exempt" as the safer default and document that you were asked to choose without direction The reason non-exempt is safer: if you're incorrectly classified as non-exempt, you might get overtime pay you weren't entitled to (easily correctable). But if you incorrectly choose exempt when you should be non-exempt, you could miss out on overtime pay you're legally owed (much bigger problem). Don't worry about seeming bothersome as a new employee - asking for clarification on something this important actually demonstrates professionalism and attention to detail. Any good employer will appreciate that you want to get it right rather than guess! This can be corrected later if needed, so try not to let it stress you out too much. Focus on doing great work - that's what really matters in your first week!

Jessica, I can absolutely understand your stress about this situation! What you're experiencing is unfortunately more common than it should be, and you're right to feel confused. As everyone has mentioned, the exempt/non-exempt classification isn't actually supposed to be your choice - it's a legal determination your employer should make based on your specific job duties, salary, and how you're paid. The fact that you're being asked to choose suggests either a poorly designed onboarding system or a gap in your employer's HR processes. Since you have that deadline tomorrow, here's what I'd recommend: 1. **Check your paperwork first** - Look at your offer letter, job description, or any employment documents. They might already specify whether you're hourly vs. salaried, or even explicitly state your classification. 2. **Reach out tonight** - Send a brief email to your supervisor and/or HR saying: "I'm completing my payroll setup and want to ensure I select the correct exempt/non-exempt classification for my role. Could you please confirm which applies to my position as [job title]?" 3. **If you must choose without guidance** - Go with "non-exempt" as the safer default. Most employees are non-exempt, and it's better to potentially receive overtime pay you weren't supposed to get (easily correctable) than to miss overtime pay you were legally entitled to. 4. **Document everything** - Keep records that you asked for clarification but were required to make this choice without proper guidance. Remember, this can be corrected later if needed, so try not to let it keep you up at night! Any reasonable employer will appreciate that you're being thorough rather than just guessing. You're doing the right thing by seeking clarification.

Jessica, I completely understand your panic about this deadline! As a tax professional, I want to reinforce what others have said - you shouldn't have to guess at your employment classification. This is a legal determination your employer should make. However, since you're pressed for time, here's a quick way to think about it: Are you being paid a set salary where you'll receive the same amount each pay period regardless of hours worked? And do your job duties involve making independent decisions, managing others, or require specialized professional knowledge? If both answers are yes AND your salary is above $35,568 annually, you might be exempt. If you're paid hourly, or your salary varies based on hours, or you primarily follow specific procedures without much independent judgment, you're likely non-exempt. That said, I'd strongly echo everyone's advice to email your supervisor/HR tonight asking for clarification. You could say: "I'm completing my payroll forms and want to ensure accuracy. Could you please confirm whether my position should be classified as exempt or non-exempt under FLSA guidelines?" If you absolutely must choose without guidance, select non-exempt as the safer option. It's much easier to correct potential overtime overpayments than to recover missed overtime wages you were entitled to. Don't stress too much - this is correctable, and asking for clarification shows professionalism, not incompetence!

Jessica, I can really feel your stress through your post! As someone who recently went through a very similar situation, I want to reassure you that this confusion is more common than you'd think, and it's absolutely not your fault. Everyone here has given you excellent advice, and I want to emphasize the key points: This classification should NOT be your decision to make. Your employer is legally required to determine whether you're exempt or non-exempt based on specific Department of Labor criteria - your job duties, how you're paid, and your salary level. Here's what I'd do in your shoes with that tomorrow deadline: **Tonight:** Send a polite but direct email to your supervisor and HR (if you have one) saying: "Hi, I'm completing my payroll setup and want to ensure I select the correct exempt/non-exempt classification. Since this affects my pay structure and overtime eligibility, could you please confirm which classification applies to my specific role? I want to make sure everything is set up correctly from the start." **If you get no response:** Choose "non-exempt" as your default. This is the safer option because most employees are non-exempt, and it's better to potentially receive overtime pay you weren't supposed to get (which can be easily corrected) than to miss overtime pay you were legally entitled to. **Document everything:** Keep copies of your emails requesting clarification. If there are any issues later, this shows you tried to get proper guidance. Remember, asking for clarification actually makes you look MORE professional, not less. It shows you understand the importance of employment law compliance. Any reasonable employer will appreciate that you're being thorough rather than just guessing on something that affects your legal rights and pay structure. This can absolutely be corrected later if needed, so try not to let it stress you out too much. You're going to do great at your new job!

Jessica, I completely understand your panic - being asked to make this choice without proper guidance on your first week is really stressful! As someone who's been through similar confusion with employment classifications, I want to echo what everyone else has said: this really shouldn't be your decision to make. Your employer is legally required to determine your exempt/non-exempt status based on specific criteria under the Fair Labor Standards Act - your job duties, salary structure, and level of independent decision-making authority. The fact that they're leaving this up to you suggests either a poorly designed onboarding system or a gap in their HR knowledge. Since you have that deadline tomorrow, here's my practical advice: 1. **Check your hiring documents first** - Your offer letter or job description might already specify whether you're hourly/salaried or even state your classification directly. 2. **Send an email tonight** - Reach out to your supervisor and HR saying something like: "I'm completing my payroll forms and want to ensure I select the correct exempt/non-exempt classification. Could you please confirm which applies to my position as [job title]? I want to make sure everything is compliant and accurate from day one." 3. **If you must choose without guidance** - Go with "non-exempt" as the safer default. Most employees fall into this category, and it's better to potentially get overtime pay you weren't supposed to receive (easily correctable) than to miss overtime pay you're legally entitled to. 4. **Document your efforts** - Save any emails showing you tried to get clarification but were required to choose without proper guidance. Don't worry about seeming inexperienced by asking - this actually shows you're detail-oriented about compliance issues, which any good employer will appreciate. This can be corrected later if needed, so try not to let it keep you up at night. Focus on doing great work in your new role - that's what really matters!