Employment Law Questions? Ask an Employment Lawyer.
Hi, my name is ***** ***** i would be happy to help with your question
Can i ask what position you hold at your company? This is important because only certain salaried employees are exempt from OT work. Do you know if your contract stated you were not eligible for OT ?
Being paid a salary does not exempt an employee from the minimum wage and/or overtime pay requirements. If an employee is paid a salary and is not paid time and one-half overtime pay for hours worked in excess of 40 in a workweek, then a determination must be made as to if the employee is a salaried-exempt employee or not. The main categories to be a salaried-exempt employee are for executive (supervisory) employees, administrative employees, and professional employees who meet certain requirements. One of the general requirements is that the salaried-exempt employee must be paid a guaranteed salary of at least $455 a workweek (no salary test for outside sales), which would also be the promised rate of pay for the employee. It then does not matter how many hours the salaried-exempt employee works in a workweek as the guaranteed salary is pay for all hours worked in a workweek regardless of the number of hours worked.
If you tell me more about your position with the company, i can determine whether or not you are an exempt employee
I am Assistant Director of Nursing
ok thanks, ***** ***** evaluate the statute and see if it applies to you.
is your salary at least $455 per week?
ok, unfortunately based on your current salary and position, you would not be eligible for overtime pay. They are only required to give OT pay to people making uner $455 or if they fall in one of the exemptions. Your position does not fall within this exemption. I am sorry if this is not what you were wanting to hear. Is there any further questions i can answer for you? if not and you are satisfied with my answer, i would greatly appreciate a positive rating!
Are there any further questions i can help you with?