Salaried employees and overtime

Question Details: Can a salaried employee who works more than eight hours in a day be payed over time? As salaried employees do not have time cards what could they use as proof of OT worked?

Asked 7/24/2009 under Employment and Labor | 290 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Employment and Labor Law Answers

Deborah Barron / Barron Law Offices Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

In California the issue is whether you are exempt from overtime, not whether you are paid a salary.  Certain professions are exempt from overtime.  One test is whether you have the power to hire and fire other employees as well as train and manage them.     

Salaried employees are paid to do a job, not to work a certain number of hours as an hourly employee is. As a salaried employee time worked over 8 hours a day is not paid in overtime. If the hours worked become excessive (i.e. 100 a week) than there may be an issue depending on compensation. If that's the case I would advise hiring an attorney to bring a cause of action on your behalf. If it is a couple hours here and there that's normal and not something you would receive overtime pay for. Good luck

Related Employment and Labor Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com