Do I have the right to refuse a salry and stay hourly to keep the overtime?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 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: https://www.dol.gov/whd/overtime/fs17a_overview.pdf
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.