How do I know if I’m entitled to overtime?

UPDATED: Sep 30, 2022

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How do I know if I’m entitled to overtime?

About 2 years ago, I was put on as a full-time salary employee. I went from an hourly wage of $21.50 to $65,000 annually. My company still recognizes me as a non-exempt employee. I work on average 10 to 15 hours overtime every week. I am a production supervisor who has many duties including 12 employees who directly work for me. I have been a production supervisor for 4 almost 5 years; 2 of which I have been a salary employee listed as a FLSA non-exempt employee. Does this me that I am entitled to overtime pay that I have not received for the past to years since I am listed by an non-exempt employee?

Asked on October 12, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are exempt under the law: in supervising 12 direct reports, you more than meet the requirements of the "executive exemption" to overtime (which should be called the "managerial exemption," since it applies to non-executive managers, too), since managing even just 2 employees qualifies for that exemption. Your salary is also more than high enough to qualify for the exemption. Therefore, regardless of what the company may be listing you as, you are not eligible for overtime and they do not need to pay you overtime if they don't want to.

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