Am I exempt from overtime wages?

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Am I exempt from overtime wages?

I am a maintenance tech supervisor and was recently put on salary based at 40 hours a week for a total of $39,300 annually before taxes. I have a very labor intensive job that typically requires me to work over my scheduled hours (i.e. snow removal). And every other week on pager for 24 hour emergency response. Despite this my company does not want to pay overtime. Is this legal? Am I entitled to overtime wages or am I exempt?

Asked on February 2, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The short answer is IF you regularly seupervis at least two full time equivalent employees (i.e. two full time workers; four half-time employees; etc.), and as part of that supervision have significant input into their hiring and firing (even if you don't make the actual decision by yourself) as well as directing their activities, then you probably qualify for the "executive" exemption to overtime (it should be called the managerial exemption, since it applies to managers, not just executives).

If you don't actually manage other staff, though, then even though they pay you on a salaried basis and call you a "supervisor," you likely are NOT exempt and should get overtime.

For a more definitive answer, go to the Department of Labor website, click on "wages," then on "overtime," and then look for the link to the exemptions. You'll most likely want to review the executive exemption and compare it to your job. You could also check the administrative and professional exemptions, just to make sure they do not apply to you.


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