Am I entitled to overtime pay?

Hello, I’m currently paid 42,000
annually. I live in Kentucky. My
employer requires me to work 50 hours
one week and 55 the next. Every other
saturday my question is, am I entitled
to overtime pay? Should I speak with an
attorney? Thanks in advance.

Asked on March 11, 2017 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are paid $42k/year on a salaried (not hourly) basis AND your job description meets one or more of the "test" for overtime eligibility, you would not be paid overtime. If your  job does not meet one of those exemptions or tests, you must be paid overtime, even if paid on salary basis. (Exemption depends on being paid more than $23k on a salary basis and also meeting at least one set of criteria for exemption.) You can find these tests on the U.S. Department of Labor website; the main ones are the professional exemption, the administrative employee exemption, the computer professional exemption, and the "executive" exemption (which should be called the "managerial" exemption, since it applies to non-executive managers). Compare those tests or critera against your job to see if you are exempt from overtime or not.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are paid $42k/year on a salaried (not hourly) basis AND your job description meets one or more of the "test" for overtime eligibility, you would not be paid overtime. If your  job does not meet one of those exemptions or tests, you must be paid overtime, even if paid on salary basis. (Exemption depends on being paid more than $23k on a salary basis and also meeting at least one set of criteria for exemption.) You can find these tests on the U.S. Department of Labor website; the main ones are the professional exemption, the administrative employee exemption, the computer professional exemption, and the "executive" exemption (which should be called the "managerial" exemption, since it applies to non-executive managers). Compare those tests or critera against your job to see if you are exempt from overtime or not.


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