Is it legal to not pay a salary-based employee overtime when they average over 40 hours per week?

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Is it legal to not pay a salary-based employee overtime when they average over 40 hours per week?

Asked on November 29, 2015 under Employment Labor Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general rule a salaried manager is considered to be "exempt" from overtime laws. This means basically they are not entitled to overtime pay.
So no matter how many hours you put in over 40, you are not entitled to additional compensation. That is unless you have an employment contract, union agreement or there exists company policy to the contrary. Also, your treatment cannot be based on actionable discrimination or retalaition. The fact is that in most instances, an employer can set the terms and conditions of the workplace much as it sees fit. This includes just how many hours an employee can be scheduled to work.


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