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.
Not all employees, however, are entitled to receive overtime pay. Here are some exemptions:
- 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;
- Many EMS, health care and health professions;
- Certain professionals like lawyers, architects, engineers, architects and teachers,
Lessons to be Learned:
- Many salaried employees are entitled to overtime for hours worked in excess of 44 in a week and are not being paid overtime.
- Many so-called managers are entitled to overtime because they perform non-managerial or non-supervisory work on a regular basis.
- 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.