How many hours can I be made to work?

UPDATED: Oct 1, 2022

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How many hours can I be made to work?

I’m currently in a salary position working 55-60 hour weeks with no additional compensation. At what point is my employer required to pay overtime?

Asked on October 6, 2017 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are a salaried exempt (from overtime) employee, you can be made to work any number of hours without overtime or any additional compensation: your base salary is all you'd get, no matter how many hours you work. The key issue is: are  you exempt?
To be exempt from overtime:
1) You must be paid a salary.
2) Your salary must be at least $23,600/year.
3) Your job duties and authority must meet one or more of the tests or criteria for exemption, such as the administrative employee test, the executive employee test, the professional test, etc. which you can find on the U.S. Dept. of Labor website under "overtime." Look up those test/criteria and compare to your job.
If are salaried for at least $23,600/year and meet at least one exemption, you are exempt and do not receive any extra pay no matter how many hours you work. If you earn too little (less than $23,600) or do not meet at least one exemption, you are not exempt, even though you are paid on a salary basis. In that case, you would be entitled to extra pay when you work more than 40 hours in a week; if you think this is the case, contact your state or federal department of labor about filing an overtime 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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