do I qualify for OT under new OT Rules

UPDATED: Sep 30, 2022

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do I qualify for OT under new OT Rules

I am a salaried employee who makes 47151.00 a year. I have to fill out time
sheets but am only allowed to put 7.5 hours a day even though I typically work
10. I do receive a stipend for not taking the company health insurance and a
small reimbursement for my cell phone as I use this for business purposes. Do I
still qualify for the OT under the new Federal OT rules?

Asked on October 14, 2016 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The new federal overtime rules do not go into effect until December 1, 2016.  At point, to be exempt, you must earn $913 per week, or $47,476 per year. You are fractionally under that, so unless you get a raise of at least $324 per year (which is only around $6 per week) by or before January 1, 2017, you will not be exempt and must be paid overtime starting then.
Of course, even if are paid enough, you might still not be exempt. To be exempt, you must be paid a salary, not hourly wages; the salary must meet the salary minimum; *and* your job duties or responsibilities must also meet one or more of the "tests" for exemption, such as the "executive" (which should be be called "managerial," since it applies to non-executive managers), administrative employee, computer professional, or learned professional tests. You can find those tests on the U.S. Department of Labor website, and if your salary does equal or exceed the salary minimum come Jan. 1, 2017 (you're well over the current minimum of around $23k), compare your job to those tests to see if you actually are exempt. If you are not, you can contact your state or the federl department(s) of labor to file a complaint.

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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