when working as a salary employee is there a cap on the total hour’s that I have too work before it can become overtime

I work 80 plus hours a week a Nd I
am pay 2200.00 monthly and I work
any were VB between 80 to 85 hours
a week.

Asked on December 18, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Are you an exempt employee? If you are, you *never* get overtime, no matter how many hours you work. But if you are non-exempt (not exempt), you get overtime when you work more than 40 hours in a week, even if salaried.
So the issue is not just are you salaried, but are you exempt? Many, but NOT all salaried employees are exempt from overtime. To be exempt:
1) You have to be be paid on a salary (not hourly) basis.
2) Your annual salary must equal or exceed $23,600 per year (which, based on what you write, it does).
3) Your job duties, authority, and/or responsibilities must meet one or more of the "tests" or "criteria" for exemption which can be found on the U.S. Dept. of Labor website under "overtime." There are a number of tests, though the most relevant ones are likely the "administrative employee" test, the "executive employee" test (which should be called the "managerial" test, since it applies to non-executive managers), and the "professional employee" test. Look up the various tests and compare to your job.
Since your salary appears high enough, if your job also falls under one of the tests, you do not get overtime. But if your job does *not* meet one of the tests, you should get overtime--and may be owed a considerable amount of back overtime. If you think this may be the case, contact the Dept. of Labor to discuss filing a complaint, and/or consult with an employment law attorney about possibly suing.

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