Look past the title and salary

Being called a professional does not automatically remove overtime protection. Exemptions can depend on specific duties, specialized education and applicable compensation requirements. Some occupations have different rules. Routine administrative work and learned professional work should not be treated as interchangeable.

Bring a practical account of your regular work, who makes decisions and whether your duties match the written description. Avoid assuming that every salaried employee is either exempt or owed overtime.

Preserve the decision trail

Promotion criteria, performance reviews and accommodation correspondence can help explain an employment decision. ADA accommodation analysis considers coverage, employee qualification, essential functions and undue hardship; remote work is not automatically required in every role.

  • Keep your offer, role description and compensation plan.
  • Create a dated timeline of requests and responses.
  • Identify relevant reviews and promotion communications without taking client files.

Common questions

What employees ask us

What if my written description differs from my daily work?

Provide both the description and concrete examples of your regular duties. A classification review considers the work actually performed, so examples of routine tasks, independent decisions and reporting responsibilities are useful.

Official information

Content updated October 21, 2026. General information; individual circumstances and applicable law matter.