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I am a supervisor of 8 people.I am required to work at the least 45 hrs per week,exempt,no breaks,to work on days off and vacation days,and only get paid for 40 hours. Some of my duties are the same as the hourly workers. Is this legal? I work in New Hampshire.
Asked on January 10, 2017 under Employment Labor Law, New Hampshire
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you are truly exempt (see below), then you are not entitled to overtime and do not receive it no matter how many hours your work or if hourly staff have some similar duties as you. The only issue therefore is whether you are truly exempt.
To be exempt:
1) You must be paid on a salary, not hourly, basis.
2) Your salary must be at least $23,660 per year.
3) Your job duties must meet one or more of the tests for exemption, which you find on the U.S. Department of Labor website under "overtime." The main ones for your purpose would be the executive exemption (which really should be called the "managerial" exemption, since it applies to non-executive managers) and the administrative employee exemption. Compare your job duties/authority/responsibilities to these tests.
If you supervise 8 people, it is very likey that you *do* meet the executive test, and so if you have a salary of at least $23,660, that you are exempt.
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