50 hour work week salary

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50 hour work week salary

I work as a service dispatcher for a power systems company. I am a salaried
employee. My standard hours are 7am to 5pm every Monday through Friday, 50 hours
a week with an unpaid hour for lunch each day. Meaning I work 45 hours per week,
but my paycheck says it is a 40 hour week with my bi-weekly salary pay. I guess
my question is, is this legal? I don’t get paid any over time for those 5 hours.
Thank you for your help

Asked on October 20, 2016 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You *may* be eligible for overtime for working more than 40 hours in a week; the issue is whether you are exempt. You are presently exempt if you earn more than $23,660 per year (for now; will rise to earning more than $47,476 on Jan. 1, 2017) *and* your job duties and level of responsibility or authority meet one or more of the overtime exemptions. You can find those exemptions on the U.S. Department of Labor website, under "overtime": look them up and compare them (especially the administrative and executive/managerial exemptions) to your job. If you both meet the salary threshhold and meet one or more of the tests, you are exempt from overtime.
If your salary is too low and/or you don't meet at least one of the tests, then even if you are salaried (not hourly), you should be paid overtime when working more than 40 hours in a week. If you think this is the case, contact your state or federal department of labor to file a complaint.


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