Overtime Rights of Salaried Workers
February 1, 2011 By Michael P. Fleming & Associates, PC
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Workers may be entitled to overtime pay even if on salary.
Many employers believe they can avoid paying overtime to a worker just by paying the person a flat salary. This is not the law. The Fair Labor Standards Act ("FLSA") requires employers to pay their employees time and a half for working over 40 hours in a week unless they are covered by one of a few exceptions. Even a salaried employee is entitled to overtime (and back overtime) unless they are classified as exempt".
Some employers believe that they can avoid the obligations of federal law by simply calling the employee "exempt," "salaried," "executive," "administrative," or some other designation that does not apply to their job duties. The fact of the matter is that you are entitled to overtime pay if you work over 40 hours in a week unless you are really exempt from the law. This is usually not the case.
Some signs that your employer may be avoiding the obligations of the Fair Labor Standards Act include:
Classifying you as "executive," "exempt" or "administrative" when you have no real authority or discretion.
Asking or requiring you to not show over 40 hours on your time card each week.
Asking you to waive overtime
Requiring you to work during breaks
Wrongfully classifying you as an independent contractor
Requiring employees to arrive early for preparation without pay
Telling an employee that they are on a salary and therefore not entitled to overtime pay
In essence, if you have been regularly required to work more than 40 hours per week without additional compensation - whether on salary or hourly - you should contact an overtime lawyer to determine if you are entitled to additional compensation.
ABOUT THE AUTHOR: Michael P. Fleming
Michael P. Fleming is one of a relatively small percentage of lawyers in the country to have argued - and won - a Fairl Labor Standards Act ("FLSA") case before the Supreme Court of the United States.
Copyright Michael P. Fleming & Associates, PC
More information about Michael P. Fleming & Associates, PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Some employers believe that they can avoid the obligations of federal law by simply calling the employee "exempt," "salaried," "executive," "administrative," or some other designation that does not apply to their job duties. The fact of the matter is that you are entitled to overtime pay if you work over 40 hours in a week unless you are really exempt from the law. This is usually not the case.
Some signs that your employer may be avoiding the obligations of the Fair Labor Standards Act include:
Classifying you as "executive," "exempt" or "administrative" when you have no real authority or discretion.
Asking or requiring you to not show over 40 hours on your time card each week.
Asking you to waive overtime
Requiring you to work during breaks
Wrongfully classifying you as an independent contractor
Requiring employees to arrive early for preparation without pay
Telling an employee that they are on a salary and therefore not entitled to overtime pay
In essence, if you have been regularly required to work more than 40 hours per week without additional compensation - whether on salary or hourly - you should contact an overtime lawyer to determine if you are entitled to additional compensation.
ABOUT THE AUTHOR: Michael P. Fleming
Michael P. Fleming is one of a relatively small percentage of lawyers in the country to have argued - and won - a Fairl Labor Standards Act ("FLSA") case before the Supreme Court of the United States.
Copyright Michael P. Fleming & Associates, PC
More information about Michael P. Fleming & Associates, PC
View all articles published by Michael P. Fleming & Associates, PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
