What to do if I work 50 hours a week with no overtime?

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What to do if I work 50 hours a week with no overtime?

Also, they sometimes send me home early and only pay me for a 1/2 day. Is this fair?

Asked on September 14, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Are you an exempt or nonexempt employee? An exempt employee is someone who does not get overtime. Many salaried employees are exempt, but not all--to be exempt, an employee must be paid a salary and his/her job must also meet certain tests, in terms of duties, responsibility, authority, etc. (You can find these tests at the Department of Labor website.) If--

* you are exempt, you are not owed any overtime, no matter how many hours you work

* you are salaried but not exempt, you would be owed overtime for hours worked past 40, not not additional compensation (e.g. base pay) for the extra work.

If you are nonexempt, as noted above, you *must* be paid overtime for hours worked past 40 in a week. If you are hourly, you must also be paid (base pay) for all hours worked.

If you are salaried, by the way, they can't pay you 1/2 for a 1/2 day--a salaried worked should get his or her full daily portion of the salary for a day in which he or she works at all.

So the answer is, whether and what you have to be paid depends on whether you are salaried  and exempt, salaried and nonexempt, or hourly and nonexempt (all hourly workers are always nonexempt).

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