How do I know if I’m entitled to overtime?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I know if I’m entitled to overtime?

About 2 years ago, I was put on as a full-time salary employee. I went from an hourly wage of $21.50 to $65,000 annually. My company still recognizes me as a non-exempt employee. I work on average 10 to 15 hours overtime every week. I am a production supervisor who has many duties including 12 employees who directly work for me. I have been a production supervisor for 4 almost 5 years; 2 of which I have been a salary employee listed as a FLSA non-exempt employee. Does this me that I am entitled to overtime pay that I have not received for the past to years since I am listed by an non-exempt employee?

Asked on October 12, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are exempt under the law: in supervising 12 direct reports, you more than meet the requirements of the "executive exemption" to overtime (which should be called the "managerial exemption," since it applies to non-executive managers, too), since managing even just 2 employees qualifies for that exemption. Your salary is also more than high enough to qualify for the exemption. Therefore, regardless of what the company may be listing you as, you are not eligible for overtime and they do not need to pay you overtime if they don't want to.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption