Should I be receiving overtime?

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Should I be receiving overtime?

I work for a large power company under a city. I am a manager over lineman. I make 80k a year. I have worked more than 90 hours overtime in the past 4 months, and am receiving no compensation for it. The city is, however, billing for it lying and saying they are paying those of us managers who are working overtime, and using the money elsewhere. Do I have a case?

Asked on October 9, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you manage other people and earn $80k per year, then if you are also paid via salary (not an hourly wage), you are almost certainly exempt from overtime under the "executive" exception (which should be called the "managerial" exemption, because it appies to non-executive managers); you can find the criteria for that exemption on the U.S. Dept. of Labor website and check it against your salary, authority, duties, and job description, but based on what you write, you appear to fall under it and therefore not be eligible for overtime.
It does not matter if your employer is biling for your overtime: that may be fraud committed on their customer(s) or client(s), but does not affect your right to overtime.


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