Can employer force salaried employees to work over 40 hours?

UPDATED: Jan 5, 2011

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Can employer force salaried employees to work over 40 hours?

Asked on January 5, 2011 under Employment Labor Law, Georgia


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

Answered 11 years ago | Contributor

Are you an exempt or non-exempt employee?  If you are exempt employee, there is no upper limit on how many hours you could be asked to work.  However, just because you are salaried doesn't mean that you are necessarily "exempt" from certain labor laws.  Being paid on a salary basis is part of the test for most forms of exemption, but it's not the only element; it is possible to be salaried and to get overtime.  Basically, exempt employees are: Management (ieyou supervise other people and have have considerable discretion in your work); Professionals (your job requires advanced or technical training - engineers, accountants, lawyers, etc); Administrators (if you they exercise considerable discretion in your position). If not, then you are a non-exempt employee and work time is paid time and for any hours that you work over 40 per week, it has to be paid as overtime. 

Note:  At this point you should go to the your state's or the Department of Labor's website and check to see whether or not you are an "exempt" or "non-exempt" employee.

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 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.

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