Are salaried employees required to get overtime compensation for working over 40 hours per week?
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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 12 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
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