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My husband and I work for Alamo BMW Motorcycle and Alamo…

Customer Question
My husband and I...

My husband and I work for Alamo BMW Motorcycle and Alamo Karts, in Boerne . Texas . We are both paid Salary and we are not sure if we are exempt. My husband was a mechanic at the beginning of the year before he got hurt. But since then he has been given lite duty and works at the parts counter. He has over 300 hours in over time not paid for for the year. Is he an exempt or non exempt employee?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Am I exempt as well? I manage one of the departments here but don't do all duties that would make me classified as management. Like I can't hire or fire anyone, nor do I have more than 2 ppl under me all the time. I am on the track doing manual labor most of the time?

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
12/14/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Could you let me know whether he receives $455 or less per week?

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Customer reply replied 7 months ago
he makes more than $455 a week
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Understood. If that is the case, then he wouldn't be eligible for overtime, unfortunately. Under Obama-era rules, even salaried employees who made less than $455 per week would be entitled to overtime. The idea was to allow those that worked in many service industries some protection from working 90 hours a week for little money. However, those that make more than that are going to be exempt from the overtime requirement. Unless he earned that time while an hourly employee, he won't be eligible for overtime for that additional time. What other questions did you have for me today?

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Customer reply replied 7 months ago
When the pay for salary goes up will we be?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Unfortunately, no. It has to fall below $455 to be eligible for overtime. I'm very sorry.

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