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Is Your Salary Subject to Overtime?

Updated: Jul 11, 2022


We all know that our employers are required to pay overtime when more than 40 hours are worked in a week. But what happens when you’re paid a salary?


In this post, we’ll take a look at the laws governing overtime pay and salaried employees as well as what to do if you think your employer is violating the law.


What is Overtime Pay and Who is Entitled to It?

Under the Fair Labor Standards Act (FLSA), employees must be paid overtime for all hours worked over 40 in a week. Overtime is defined as one and a half times an employee’s regular rate of pay.


Employees who are covered by the FLSA are entitled to overtime pay. This includes most hourly and salaried employees, with a few exceptions.


Who is excluded from coverage under the FLSA?

● Employees of movie theaters,

● Agricultural workers,

● Railroad workers,

● Truck drivers, and

● Exempt employees


What are Exempt Employees?

Exempt employees are not covered by the FLSA, and therefore not entitled to standard overtime pay. Some jobs, like those in “outside sales” are considered exempt from the FLSA. Other employees may be considered exempt if they make a guaranteed minimum of at least $35,568 annually and perform executive, professional, or administrative job duties.


Often these job duties involve supervision of other employees, management duties, and input in hiring, firing, promotion, or assignments. Professional roles like that of a doctor, lawyer, dentist, teacher, accountant, registered nurse, and clergy are also exempt from the FLSA. Finally, employees with administrative job duties involving office work and the exercise of independent judgment may also be exempt from the FLSA.


Can I Be Entitled to Overtime if I’m Salaried?

If your employer has improperly classified your role as exempt when you do not meet the requirements of an exempt employee (based on your pay and the duties you perform), you may be entitled to overtime pay. It is important to note that your salary alone does not automatically exempt you from overtime pay. If your employer pays you a salary but your duties do not meet the tests for administrative, executive, or professional exemption - you are still entitled to overtime pay.


Simply put, unless you are involved in the management of the business, administrative work which involves your independent judgment and discretion, or you perform work that requires a professional degree or license, you are likely entitled to overtime.


What if I Think My Employer Owes Me Overtime?

If you believe your employer is violating the overtime laws, speak with an experienced employment attorney first. They can advise you of your rights and improve your chances of legal success.


At Robinson Law Offices, we fight for the rights of Arizona workers. If you believe your employer owes you overtime pay, contact us to speak with an attorney. We’ll help you determine if you have a claim under the FLSA and work with you to get the money you deserve.

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