Do I have the right to refuse a salry and stay hourly to keep the overtime?

UPDATED: Sep 30, 2022

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Do I have the right to refuse a salry and stay hourly to keep the overtime?

Currently I’m making $20 per hour. My boss is giving me more and more work to do that in order to get it done, i’m going to need to work 60 hours. I have fear that upon doing this he’s going to switch me to Salary. Also, can he tell me that they no longer need my hourly position and will

Asked on April 10, 2017 under Employment Labor Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Accordingly, your employer can pay you a salary but you my still be eligilble for OT. The fact is that some salary positions are still eligible for overtime. The distinction is not necessarily hourly verus salary, rather it is non-exempt (workers who are not exempted from OT laws) versus exempt (workers who are exempted from OT laws). The former are entitled to OT pay; the latter are not. Generally, managers, professionals and the like are exempt while most hourly workers are not. Here is a link to a site that explains how you can tell just what type of employee that you are:

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