What to do about overtime pay?

I am a local government employee. I am an IT supervisor and manage 3 people. I understand that I may be considered an overtime “exempt” employee. I routinely work overtime without pay (roughly 300-500 hours a year). On the payroll side I am required to submit a time sheet each week to get paid. My payroll stubs clearly shows an hourly wage. I also will not get paid for hours not worked. I have been told not to show any hours over the normal 2 weeks on my time sheet because I will only get paid for the normal hours. We work 7.5 hours a day 37.5 hours per week or 75 hours per pay period.

Asked on July 18, 2012 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are paid on an hourly basis, you are almost certainly not exempt from overtime, and should be paid overtime when working more than 40 hours per week.

If you are paid on a salary basis (and note: even if the time sheet mathematically breaks your salary down into an hourly rate, you may still be paid on a salary basis--the question is, do you receive a certain salary per year, regardless of hours?), then you may be exempt from overtime. To be exempt, one must be paid on a salary basis and also meet the criteria for one or more of the exemptions, which you can find at the U.S. Department of Labor website. If you are an IT supervisor managing three people, you most likely do meet one or both of the following exemptions: the "executive" exemption (which should be called the "managerial" exemption: it applies to non-executive managers) and/or the "computer professional" exemption. Go to the DOL's website and compare these two tests--and also the one for "administrative" staff--to your duties and job description to see if you are exempt.

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