If I’ve have worked for a company as a salary supervisor working 80 to 100 hours a week but I only received my salary and no overtime at all, how do I go about getting that pay?

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If I’ve have worked for a company as a salary supervisor working 80 to 100 hours a week but I only received my salary and no overtime at all, how do I go about getting that pay?

Asked on November 1, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were an exempt salaried employee, you are not entitled to overtime, no matter how many hours you worked.

To be exempt from overtime, you--

1) Must be paid on a salary, not hourly wage, basis; and also

2) Your job must meet one or more of the tests to be exempt. You can find these tests at the federal Department of Labor (DOL) website, under "wages." The main tests which may apply to you, from what you write, are the "executive" test (which should be called the "managerial"  test, since it applies to non-executive managers and supervisors, too) or the "administrative employee" test. Look up those tests and compare them to your job duties/responsibilities. If you meet either or both tests and you are paid a salary, you are not owed overtime.

On the other hand, if you do NOT meet one or more of the tests to be exempt, you should be paid overtime. If you think this is the case, contact your state department of labor or speak with a private attorney about seeking the overtime which you should have received.


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