Are salaried employees required to get overtime compensation for working over 40 hours per week?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are salaried employees required to get overtime compensation for working over 40 hours per week?

Being employed at a small media production company, I’m not sure if the same rules apply. Any advice regarding overtime compensation/vacation laws? Our boss states that any “overtime” worked will get added to our vacation time, which is also nonexistent. I’m afraid we’re working to the bone without legitimate compensation.

Asked on January 26, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The real issue is not whether you are salaried or not, but whether you are exempt from overtime or not; all exempt employees are salaried, but not all salaried employees are exempt. To be exempt, in addition to be being paid on salary basis, an employee must alsoo meet one of the tests for exemption, which are based on the nature of the employee's job, responsibilties, and authority. You can find these tests on the U.S. Department of Labor website: click on "wages," then on "overtime pay," then on "FairPay Fact Sheets by Exemption." The main exemptions which may apply to you are executive (which includes non-executive managers), administrative, professional, or computer-related employee.

If you are exempt, then your employer doesn't need to give you *anything* for working overtime if you are salaried--if you get extra vacation time, that's actually generous. If you are non-exempt, then you must get extra pay.

Here is the website: www.dol.gov


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption