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Taylor
Taylor, Attorney
Category: Employment Law
Satisfied Customers: 238
Experience:  Attorney
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I have a question about working a salaried job get paid

Customer Question

i have a question about working a salaried job get paid for 40 hours and you actually work about 50 hours a week. What can I do.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Taylor replied 10 months ago.

Hi, my name is ***** ***** i would be happy to help with your question

Expert:  Taylor replied 10 months ago.

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 ?

Expert:  Taylor replied 10 months ago.

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.

Expert:  Taylor replied 10 months ago.

If you tell me more about your position with the company, i can determine whether or not you are an exempt employee

Customer: replied 10 months ago.

I am Assistant Director of Nursing

Expert:  Taylor replied 10 months ago.

ok thanks, ***** ***** evaluate the statute and see if it applies to you.

Expert:  Taylor replied 10 months ago.

is your salary at least $455 per week?

Customer: replied 10 months ago.

Yes

Expert:  Taylor replied 10 months ago.

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!

Expert:  Taylor replied 10 months ago.

Are there any further questions i can help you with?