Am I eligible for overtime pay?

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Am I eligible for overtime pay?

I am manager at a restaurant in Los Angeles and I work 50 to 55 hours a week on average. I have a salary pay of 45k a year. I wanted to know if I was qualifying for overtime. I make less than $47,476,

the threshold under the Fair Labor Standards Act but I’m not sure if I should be counted as an executive exemption by my employer. In my research I found that one criterion for that exemption is to

Asked on November 29, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are mistaken: the salary threshhold under the FLSA is $23,660/year ($455/week). There were proposed rules near the end of the Obama administration to increase that threshhold, but it was blocked by a judge and never went into effect, leaving the old threshhold in place. Here is a link to a U.S. Dept. of Labor webpage referencing the salary basis requirement: https://www.dol.gov/whd/overtime/fs17g_salary.htm
 
The above is per federal (national) law. In terms of your state's law, the law reference twice the "state minimum wage," *not* your city's minimum wage. Therefore, you use the $10.50/hour state minimum wage for this purpose, and you accordingly earn too much to qualify.


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