It depends on whether you meet the test for exempt status as defined by federal and state laws. If you are exempt from the Fair Labor Standards Act then you are not entitled to overtime pay. If you are not exempt, then you are entitled to overtime pay. Exemptions include: The executive exemption: Any employee who spends over half their work time managing businesses or departments of a business Emotional damagesThe administrative exemption: Any employee who spends over half their work time assisting an exempt individual in “servicing” a business in matters of significance The professional exemption: Any employee who has certain licenses to practice a profession or who works in a “learned or artistic” profession The computer software professional exemption: Any employees who work in highly theoretical aspects of computer software, making over $41 an hour The outside salesperson exemption: Any employee who works away from the workplace making sales/filling orders. To determine whether or not you could be eligible for overtime, the best step you can take is to discuss your circumstances with one of our knowledgeable Southern California employment law attorneys.