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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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If I am on salary and I am scheduled to work a 9 1/2 hour

Customer Question

If I am on salary and I am scheduled to work a 9 1/2 hour shift. Am I entitled to overtime?
Submitted: 5 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 5 months ago.

Thank you for using Just Answer. I look forward to assisting you.

It depends. Salaried employees that earn less than $455 per week are entitled to overtime. Salaried employees that earn more than $455 per workweek can receive overtime unless their job duties earn them exemption status. This usually includes executive, professional, administrative, outside sales or computer-related occupations.

Dd you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Oitherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Customer: replied 5 months ago.
How do I find out if I am exempt
Expert:  RobertJDFL replied 5 months ago.

Thank you for your reply.

Under the Fair Labor Standards Act (FLSA), you are considered an exempt executive if:

  • Your salary is at least $455 per week or $23,660 per year. In some states the wage may be higher. (In California, the minimum annual salary to be considered exempt is $33,280).
  • Your primary duty is managing the enterprise.
  • You customarily and regularly direct the work of two or more other employees.
  • You have the authority to hire or fire other employees.

Even if not an executive, you can still be considered exempt if:

You exercise independent judgment and discretion performing nonmanual work that is directly related to business operations. Typical jobs: office manager, insurance agent, human resource professional and marketing personnel and similar;

You have advanced knowledge in a field of science or learning through a prolonged course of specialized instruction (such as college, law school or medical school). Typical occupations: doctor, lawyer, dentist, professor and accountant; or

Your primary duties involve making sales away from your employer’s office. There is no salary qualification for this exemption.

Expert:  RobertJDFL replied 5 months ago.

Just following up with you.

Dd you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Oitherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating.Thank you.

Expert:  RobertJDFL replied 5 months ago.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating.Thank you!