I am salary, do I get overtime pay?

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I am salary, do I get overtime pay?

I am a salary worker in the radio business. I make less than 21,000 a
year and work 46 hours a week but do not receive over time pay. Is
that legal?

Asked on February 6, 2017 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not legal. Being paid a salary does not by itself mean that you do not receive overtime. Rather to exempt from overtime, in addition to having your job duties/authority meet one or more of the "tests" for overtime (like the administrative personnel or professional tests; you can find these and the other tests on the U.S. Dept. of Labor website, under "overtime"), you also must be paid a salary of at least $23,600 per year. If you are paid less than that, then even though you are paid on a salary, not hourly, basis, you are entitled to an overtime premium (extra pay) when working more than 40 hours a week. Based on what you write, it appears you are owed overtime; you should contact the Dept. of Labor to file an overtime complaint; you may be entitled to back unpaid overtime for up to the last 2 years. 


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