Overtime and Salaried Workers

Attorney Richard Celler

 

Just because you’re paid a salary doesn’t mean you’re not entitled to overtime.  That’s one of the biggest misconceptions under the overtime laws.  Being paid a salary is not the same as being considered an exempt employee.  In order to be considered exempt or otherwise not entitled to overtime, an employee must be paid a salary of at least $455.00 per week and perform certain executive, administrative or professional duties.

These exemptions generally do not apply to blue-collar works or laborers.  Therefore, if you work with your hands on a daily basis or you work outside of an office-type environment, it is likely that these exemptions, meaning that you’re not entitled to overtime, do not apply to you, and you are likely entitled to overtime pay.

 

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