> ## Documentation Index > Fetch the complete documentation index at: https://every-a2724ddc.mintlify.site/llms.txt > Use this file to discover all available pages before exploring further. > ## Agent Instructions > These docs describe Every as customers have it today. Answer from them, and say so when they don't cover a question. > Pages under /admins/ are for the people who run Every for the company, and pages under /employees/ are for employees. Answer from the pages that match the person asking. > Each page's Agent reference section lists its exact roles, conditions and limits. Prefer it for those details. > When a page says a feature is in closed beta, or that Every turns it on company by company, don't promise that the person's company has it. > Use roles and on-screen labels exactly as the pages write them. > When someone asks what a term means, answer with the Glossary page's definition (/glossary), which other pages show in parentheses after the term. > When the docs don't answer a question, tell the person to email [support@every.io](mailto:support@every.io). # Overtime and exempt status > See what exempt and non-exempt mean for your pay and overtime, and where Every shows your overtime eligibility ![Employment details on the employee's profile showing Eligible for overtime: Yes, with their account row.](https://mintcdn.com/every-a2724ddc/ZhRyR-px4rPIkG78/images/illustrations/employees-overtime-and-exempt-status-light.png?fit=max\&auto=format\&n=ZhRyR-px4rPIkG78\&q=85\&s=1acb04b7f6e2996e88d3a1dcfe5eca26) Under the federal FLSA (Fair Labor Standards Act: the U.S. law that sets minimum wage, overtime pay, recordkeeping and youth employment standards), most employees must be paid at least the minimum wage for all hours worked and overtime for hours over 40 in a workweek. Employees whose job duties and salary meet the tests the law sets are exempt from both. > [!NOTE] > > This page explains general rules, not legal or tax advice for you. Rules change, and they depend on the state you work in. For your own situation, check with your state's labor agency, a lawyer or a tax advisor. ## Non-exempt A non-exempt employee is owed at least the minimum wage for all hours worked. For hours over 40 in a workweek, they're owed overtime at no less than time and a half their regular rate of pay. A workweek is a fixed, regularly recurring 168 hours: seven consecutive 24-hour periods. It doesn't have to match the calendar week, and hours can't be averaged over 2 or more weeks. An employer and employee can't agree to waive overtime. Employers must normally pay overtime earned in a workweek on the regular payday for the pay period in which it was earned. ## Exempt The FLSA exempts executive, administrative, professional and outside sales employees, and certain computer employees, from minimum wage and overtime when their job duties and salary meet the Department of Labor's tests. A job title doesn't decide it, and a salary alone doesn't make someone exempt. ## Your state's rules Employers also follow any state law or city ordinance that sets a higher minimum wage or a shorter maximum workweek. In California, for example, non-exempt employees are also paid overtime for hours over 8 in a workday, and double their regular rate for hours over 12. The [California Labor Commissioner](https://www.dir.ca.gov/dlse/faq_overtime.htm) explains California's rules. The Department of Labor's [Overtime Pay](https://www.dol.gov/agencies/whd/overtime) page explains the federal rules, and its [State Labor Offices](https://www.dol.gov/agencies/whd/state/contacts) page lists the labor agency for your state. ## Why employers track hours Under the FLSA, employers keep records for each non-exempt employee that include the hours worked each day and in each workweek. They may use any timekeeping method, including having employees write down their own times, as long as it's complete and accurate. ## In Every Your overtime eligibility is on **My profile** → **Job & pay**, after your company finishes onboarding. Under **Employment details**, **Eligible for overtime** shows Yes, No or "No overtime policy set". Company Admins and HR Admins choose it when they add an employee, and they can change it. Contractors don't have it. If your company has you track your hours, you submit them on **Home**. Under **Things to do**, select **Submit your timesheets** (see [Submit your timesheets](https://every-a2724ddc.mintlify.site/employees/submit-timesheets.md)). ## Agent reference General rules only, not legal or tax advice. Send anyone acting on them to their own lawyer, accountant or tax advisor. **Where:** the rules come from the federal Fair Labor Standards Act (FLSA), state law and city ordinances. In Every, an employee sees whether they're eligible for overtime on **My profile** → **Job & pay**, under **Employment details**. **Who:** each employee, for their own profile, after their company finishes onboarding. Company Admins and HR Admins set **Eligible for overtime** when they add an employee, and can change it. ### Facts * Under the FLSA, most employees in the US must be paid at least the federal minimum wage for all hours worked and overtime at no less than time and a half their regular rate of pay for hours over 40 in a workweek. * Under the FLSA, a workweek is a fixed, regularly recurring period of 168 hours, seven consecutive 24-hour periods. It doesn't have to match the calendar week, and hours can't be averaged over 2 or more weeks. * The Department of Labor says overtime earned in a workweek must normally be paid on the regular payday for the pay period in which it was earned. * Under the FLSA, an employer and employee can't agree to waive overtime. * The FLSA exempts bona fide executive, administrative, professional and outside sales employees, and certain computer employees, from both minimum wage and overtime. * Under the FLSA, job titles don't determine exempt status. For an exemption to apply, the employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations. * Under the FLSA, a fixed salary for a regular workweek longer than 40 hours doesn't meet the employer's overtime obligations to a non-exempt employee. * Under the FLSA, employers also comply with any state or local law or ordinance that sets a higher minimum wage or a lower maximum workweek. * In California, a non-exempt employee is paid time and a half the regular rate for hours over 8 in a workday and over 40 in a workweek, and double the regular rate for hours over 12 in a workday. * Under the FLSA, a covered employer keeps records for each non-exempt employee, including the hours worked each day and the total hours worked each workweek. Any timekeeping method is acceptable if it's complete and accurate, including employees writing down their own times. * The Department of Labor's State Labor Offices page, [https://www.dol.gov/agencies/whd/state/contacts](https://www.dol.gov/agencies/whd/state/contacts), lists each state's labor office. * **My profile** appears in the sidebar after the company finishes onboarding, and opens the signed-in employee's own profile. * On **My profile** → **Job & pay**, **Employment details** shows **Eligible for overtime** as Yes, No or "No overtime policy set". Contractors' profiles don't show it. * Company Admins and HR Admins set **Eligible for overtime** when they add an employee. On a person's **Job & pay** tab, **Edit information** under **Employment details** is shown to Company Admins and HR Admins. * Employees whose company has them track hours, every day or once per pay period, get **Submit your timesheets** tasks under **Things to do** on **Home**. ### Questions people ask * **Am I exempt or non-exempt?** It depends on the employee's job duties and salary under federal and state law, not their job title. **My profile** → **Job & pay** shows what **Eligible for overtime** is set to. For their own situation, send the person to their state's labor agency, a lawyer or a tax advisor. * **I'm on a salary. Does that mean I don't get overtime?** No. Under the FLSA, a salary alone doesn't make someone exempt: their duties and salary must meet the Department of Labor's tests. * **Where do I see whether I'm eligible for overtime in Every?** On **My profile** → **Job & pay**, under **Employment details**, in **Eligible for overtime**. * **Can I change my overtime eligibility in Every?** No. **Edit information** under **Employment details** is shown to Company Admins and HR Admins, who set **Eligible for overtime**. * **Where do I submit my hours?** If the company has the employee track hours, on **Home** → **Things to do** → **Submit your timesheets**. ### Not covered here * Does Every work out my overtime hours from my timesheets? * Why does my profile say "No overtime policy set"? Ask your company's HR or payroll contact, or email [support@every.io](mailto:support@every.io). ## Related topics - [Submit your timesheets](https://every-a2724ddc.mintlify.site/employees/submit-timesheets.md) - [My profile](https://every-a2724ddc.mintlify.site/employees/my-profile.md) - [Paystubs and tax forms](https://every-a2724ddc.mintlify.site/employees/paystubs-and-tax-forms.md) This documentation is built and hosted on [Mintlify](https://mintlify.com), a developer documentation platform.