Should I be paid overtime?

UPDATED: Sep 30, 2022

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Should I be paid overtime?

I have more work to do than I can handle getting done in a 40 hour work week. I
come in on weekends. I get paid 55K a year. I work easily 60 – 70 per week. I
track my own hours. Both of the owners know the hours that I work and the one
owner constantly give me more than what I can get done. I have tried to have
conversations with her but she digs up projects that are not necessary to get
done today to keep the business running. I do not have a college degree.
Recently I was able to hire help however I did the interviewing and the owners
wife had the final decision in which candidate got the job and how much they were
paid. I love to work and work but I do feel I am being taken advantage of.
Should I be paid overtime?

Asked on March 22, 2017 under Employment Labor Law, Iowa


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

Answered 5 years ago | Contributor

Only "non-exempt" workers are entitled to overtime pay. In other words, they are not exempted from federal/state OT laws. On the other hand, "exempt" worker are not subject to OT laws. Typically, such workers are salaried. Accordingly, since you are on salary, you would have no claim to OT. However, you must be proprely categorized as an "exempt" versus non'exempt worker, and how toy are oaid (i.e. hourly or salary) is only 1 factor, here is a site that will give you better idea what your appropriate should be:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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