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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4466
Experience:  Exclusively practice labor and employment law.
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As a salaried employee are you entitled to overtime?

Customer Question

As a salaried employee are you entitled to overtime?
Submitted: 3 months ago.
Category: Employment Law
Expert:  John replied 3 months ago.

Generally the answer is no - salaried employees do not get overtime regardless of hours worked. However, the bigger question is whether the person is properly classified as salaried. TO be salaried (exempt from overtime) the employee must be paid at least $455 per workweek regardless of hours worked, and be part of the exempt class of employee - namely manager, professional, outside sales, computer programmers and high level administrators. If they are not paid on a salary basis and in this class the employer cannot classify them as salaried exempt and must pay overtime.

Expert:  John replied 3 months ago.

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