Can I be considered an exempt employee?

UPDATED: Oct 1, 2022

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Can I be considered an exempt employee?

I am a construction laborer for a company. I was moved to a salary position and given a project manger job

title this did not last long obviously. So I went back to a skilled laborer. I am still being paid a salary with no

overtime. I work out of state and average over 70 hours a week sometimes into 90 hours. Can they legally consider someone in my position an exempt employee who receives no overtime?

Asked on February 8, 2019 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Look up the "exemptions"--including particularly the "executive" exemption (which really should be called the "managerial" exemption, since it applies to non-executive managers), since it seemingly used to apply--and compare to your current job. If you don't meet the criteria for at least one of them, you are not exempt, even if paid a salary, and must receive overtime when working more than 40 hours a week. If should receive overtime but are not, contact the state or federal department of labor to file an overtime complaint or retain an employment law attorney to help you bring a lawsuit for unpaid overtime.

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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