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Question

I work for an oral surgeon. We get paid on the 1st and 15th and our normal work week should be 36.5 hours but we a lot of the time work over 40. Should they be paying over time?

Submitted: 205 days and 21 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Denton, Texas

Posted by Shelley 205 days and 21 hours ago.

Answer

Depending on what your job is you may be an exempt employee and then the employer is not required to pay you overtime.

Here is a test:

1. employees paid less than $23,600 per year ($455 per week) are non-exempt and must be paid overtime.

2. salaried employees who are docked if they do not work are non-exempt and employers do have to pay overtime

3. If you are exempt under 1 and 2 above you have to meet this 3rd requirement to be exempt: you perform relatively high level work, ie you are executive professional or administrative. So if you perform a skilled service as a professional or are administrative in that you keep the business running, you are exempt and the employer is not required to pay overtime.

205 days and 21 hours ago.

Reply

My position is a surgical assistant. I am a Certified Medical.

Accepted Answer

Then you are a professional and you are exempt which means he does not have to pay overtime to you under the law.

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Expert: Shelley
Pos. Feedback: 99.3 %
Accepts: 
Answered: 4/29/2009

Lawyer (JD)

Attorney-Business degree from The University of Texas

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