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I am an employee of a business that has not been paying me overtime after 40 hours a week for the last 3 years. Is that legal for a business that makes over $500,000 a year?
Asked on August 17, 2017 under Employment Labor Law, Minnesota
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Assuming that you are not exempt from overtime, you must be paid overtime for that size business: and contrary to what the owners seem to feel, overtime is for all hours *worked* past 40 hours. That part--"worked"--is critical, because you don't need to be paid for lunch hour or other non-work time IF you actually do not have to work during those periods. Therefore, it is possible that some of your time spent at work does not count for number of hours worked. That said, as noted, whenever you actually work more than 40 hours in a week, you get overtime, if nonexempt, for all time past 40 hours, and could bring a complaint to the department of labor and/or sue if not paid overtime.
If you are hourly, you are nonexempt: all hourly employees get overtime. If you are salaried, you *may* be nonexempt if you salary is less than approximately $23,600 per year, and/or if you don't meet one of the tests or criteria for exemption (like the "professional employee" exemption, or the "administrative employee" or "executive employee" exemptions), which can be found on the U.S.Department of Labor website.
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