Can I be considered an exempt employee?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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