Am I exempt from overtime pay?
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Am I exempt from overtime pay?
I work as a manager for a gas station. I’m paid a salary wage of 31,200 a year. My employer requires that I work a minimum of 45 hours per week. Most weeks I end up working more. I do not get any compensation for working more hours but if I work less than 45 hours my pay is reduced on a prorated basis. My duties are the same as other employees such as cleaning, stocking, and customer service. On top of that I have my manager duties such as supervising the crew, doing clerical work, supply ordering, etc. I realized my pay, compared to hours worked often means I’m working barely above minimum wage and sometimes less than minimum wage. Am I really exempt of overtime pay?
Asked on March 27, 2019 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you are a manager earning $31,200 per year and you manage at least two "full time equivalents" (FTEs)--that is, at least two full time employees; or 1 full time and two half-time; or 4 half time; etc.--then you are exempt from overtime: you would meet the "executive exemption" (which should really be called the "managerial exemption," since it applies to non-executive managers) from overtime. You can find this exemption on the U.S. Dept. of Labor's website under "overtime" and compare it to your job to make sure you are exempt, but based on what you write, you appear to be.
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