Can my employer make me work overtime as a salaried employee?

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Can my employer make me work overtime as a salaried employee?

I am an inside sales rep no car allowance or outside travel.

Asked on August 26, 2019 under Employment Labor Law, Georgia

Answers:

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

Answered 1 year ago | Contributor

Unless you have a set schedule as per the terms of an employment contract or union agreement, then you can be made to work the hours that your employer requires (or else face discipline up to and including termination). Further, in theory, your salary covers all hours that you are required to work. That is so long as you are actully an "exempt" employee. In other words, you are exempted from overtime pay laws. However, some salaried employees are actually "non-exempt", meaning thay should be paid OT. The test for exempt versus non-exempt status isn't just about how you get paid, it's about how much you get paid and what you do. If you get paid over $455 per week, perform management and/or administrative duties or are a professional (i.e. doctor, lawyer, engineer, etc.) then you are exempt, otherwise you are not and so are entitled to OT pay. At this point, you should contact your state's department of labor for further information.

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

Answered 1 year ago | Contributor

Unless you have a set schedule as per the terms of an employment contract or union agreement, then you can be made to work the hours that your employer requires (or else face discipline up to and including termination). Further, in theory, your salary covers all hours that you are required to work. That is so long as you are actully an "exempt" employee. In other words, you are exempted from overtime pay laws. However, some salaried employees are actually "non-exempt", meaning thay should be paid OT. The test for exempt versus non-exempt status isn't just about how you get paid, it's about how much you get paid and what you do. If you get paid over $455 per week, perform management and/or administrative duties or are a professional (i.e. doctor, lawyer, engineer, etc.) then you are exempt, otherwise you are not and so are entitled to OT pay. At this point, you should contact your state's department of labor for further information.


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