Hello again, Kathy, and thank you for providing this additional information.
It sounds as though the employer has misclassified you as a salaried worker when you should be paid hourly including overtime for hours exceeding 40 per week.
In order to qualify for the executive exemption from overtime, an employee must meet all of the following requirements:
- The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
- The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
- The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
- The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.
While you appear to meet the salary test, the tasks you are performing would not meet the skills test typically, so the employer should be paying overtime.
Here is a link which sets out these requirements:
You may file a complaint with the DOL seeking an investigation and collection of back wages owed, but if you suspect the employer might retaliate against you, it would be best to retain a local attorney to represent you and who is prepared to respond to any action the employer may take against you.
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