As a salary employee, how to I know if I’m exempt or non-exempt for overtime?

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As a salary employee, how to I know if I’m exempt or non-exempt for overtime?

I was hired as a bakery manager. After beginning the job, the owner fired all the previous employees and hired a new team. I was left to work over 100 hours a week the first month as a production worker, as well as performing tasks as a manager. After month 2, I was still working 60-80 hours a week because she claimed she could not find the right people to hire. I have worked for a total of 3 months with hours well over 40 every week doing every task in the bakery. I feel that there are major legal gray areas that I would like to clarify and determine whether legal action should be taken.

Asked on July 15, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Being salaried (not hourly) is part of the test to be exempt--hourly employees by definition are not exempt--but it's only the first step in being exempt. To be exempt from overtime, you also must meet one or more of the tests or criteria for exemption, the main one of which for you (based on what you write) is likely the "executive" test (it should be called the "managerial" test, since it applies to non-executive managers and supervisors, too). You can find these tests on the U.S. Department of Labor (DOL) website under "overtime." Review them, and compare to your job duties and responsibilities. If you meet one or more of the tests and you are salarieed, you are exempt; but if you don't meet any tests, then you are owed overtime when working more then 40 hours in a week, even though you are salaried. 


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