Are Managers Entitled to Overtime Pay?

Feb 14, 2019

Many employees and employers believe that overtime pay is included in a person’s salary. This is incorrect for the vast majority of salaried employees.

If you are paid a salary and sometimes work over 44 hours in a week, then you may be entitled to overtime for all hours worked over 44 in those weeks at time and a half for each additional hour worked.

I remember speaking with an employer’s lawyer about this issue and he was incensed that I was claiming unpaid overtime for an employee who earned over $ 150 000 a year. The fact is that many well-paid employees are entitled to receive overtime pay and are not receiving overtime pay.

The Exemptions

Not all employees, however, are entitled to receive overtime pay. Here are some exemptions:

  1. Managers and supervisors who only perform non-managerial or non-supervisory work on an irregular or exceptional basis. You will only be considered a manager or a supervisor if you spend the vast majority of your time managing or supervising. Even if you are a “true” manager or supervisor, you are entitled to be paid overtime in any week that you spend at least 50 percent of your working hours doing non-managerial work. So, if a subordinate is absent from work for a week and you fill in for them that week, then you may be entitled to overtime that week;
  2. Many EMS, health care and health professions;
  3. Certain professionals like lawyers, architects, engineers, architects and teachers,

Lessons to be Learned:

  1. Many salaried employees are entitled to overtime for hours worked in excess of 44 in a week and are not being paid overtime.
  2. Many so-called managers are entitled to overtime because they perform non-managerial or non-supervisory work on a regular basis.
  3. Even a true manager ( i.e., one who only perform non-managerial or non-supervisory work on an irregular or exceptional basis) is entitled to receive overtime pay if he or she spends at least 50 percent of their working hours in a week doing non-managerial work.

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.

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