Some salaried employees are owed overtime and can sue for back pay
Federal wage rules come from law known as the Fair Labor Standards Act (FLSA). Employees are required to be paid at least the minimum wage for every hour worked. Currently the federal minimum wage is $7.25 per hour. For many jobs, the federal law requires employees be paid extra (time and one half)when employees work over time.
Overtime rule
Hourly employees are entitled to overtime pay at 1 ½ times their hourly wage for any hour worked beyond a 40-hour work week. This rule applies to employees paid an annual salary $23,660 or less.
Employees who are paid a higher salary may have a different overtime rule. The deciding factor is NOT salary versus hourly wage, or even a worker's job title. What matters the most when determining if a salary employee is owed overtime is the corporate policy concerning the type of work the employee actually does for the company.
Overtime & Non-exempt employees
Overtime must be paid to non-exempt employees even if they are salaried employees. Salaried employees who are assigned tasks for the majority of their time, versus managing the business operation or supervising other employees, are more likely to be owed overtime. Salaried employees who are told by their employer what to do and in what oder, how to do it, what tools to use, or what procedures to follow while doing their work, likely are owed overtime when they work more than 40 hours in a week. This type of employees are called FLSA non-exempt employees. Generally this category of employee has little discretion to hire, fire or discipline other employees. Non-exempt employees also are not given authority to make decisions on rates or prices, order supplies and merchandise, or create policy.
If your employer has told you that you were exempt, call us today (1-888-751-7050) for a free confidential evaluation. The law makes it very difficult for employers to cheat workers out of their wages. Even though you are told you aren't entitled to it because you receive a salary, the law may say otherwise. Call us today!
Salary versus Hourly Wage does not matter
The law on over time wages is focused on company policies concerning how employees spend their time at work. The fact that you receive a salary is meaningless and does not prevent you from possibly qualifying for overtime pay.
Are you owed back wages?
If you are a salaried employee who was not paid for your overtime, you may be able to get access to back pay for up to three years or more depending on the state. Knowing and enforcing YOUR rights is important. If you would like to discuss your situation with an attorney, please call us for a FREE confidential consultation.
Contact us ~ 1-888-751-7050