Just because you are paid a salary does not necessarily mean you are exempt from federal law overtime requirements. Know your rights under the FLSA.
When it comes to overtime under the federal law, all employees are either “exempt” or “nonexempt.” Every nonexempt employee is entitled to overtime pay, even if he or she is salaried. Most employees who are paid on an hourly basis are “nonexempt” — and thus must be paid overtime — no matter what kind of work they do.
Don’t believe the “salary myth.” Even if you are paid a salary, to be exempt your job duties must fall within one of the categories the U.S. Department of Labor has classified as exempt.
Your status as an exempt or nonexempt employee does not depend on how the employer characterizes you, but rather on the actual job duties you perform.
Generally, you are exempt from overtime pay only if:
- You are paid a salary (not hourly), and
- You perform the duties of an exempt employee.
Exempt employee duties fall into one of three categories:
- Executive Exemption
- Professional Exemption
- Administrative Exemption
If you believe that you are not being paid for all of the time you have worked or that you are not being paid overtime that you are due, please call us or fill out our online consultation form.