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I am a supervisor, if we work overtime they pay us straight…

Customer Question
I am a supervisor...

I am a supervisor, if we work overtime they pay us straight time. Should they pay us time and a half by the law or does that law not apply to supervisors

Lawyer's Assistant: Have you discussed this wage-and-hour issue with your HR staff? Or with a lawyer?

HR staff yes and the answer was that's how we get paid lawyer not yet

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Union no

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

Also they require us to work 45 hours until we get paid the OT, but I questioned them in it and no where in our contract does it state that we have to work those 5 hours extra a week. Can they do that if it's not in the contract

Submitted: 20 days ago.Category: Employment Law
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Answered in 10 minutes by:
5/31/2018
Employment Lawyer: Legal Eagle, Lawyer replied 20 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,251
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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Customer reply replied 20 days ago
that is fine
Customer reply replied 20 days ago
I'm at work right now I will get back to you later
Employment Lawyer: Legal Eagle, Lawyer replied 20 days ago

Whether you're paid doesn't depend just on your title, but rather your duties and your pay.

So, the Fair Labor Standards Act (FLSA) requires that employees are paid a minimum wage and overtime pay; however, Section 13(a)(1) of the FLSA has an exemption to the minimum wage and overtime pay if an employee is employed as bona fide executive, administrative, professional and outside sales employees.

To be exempted, the employees must meet certain criteria including:

  1. Their job duties must be consistent with that of an executive, administrative professional, or an outside sales employee; and

  2. They must earn more than $455 per week

What this essentially means is that if a person is CEO, an administrative assistant, a customer service representative, and they get paid less than $455 per week, they’re entitled to overtime and a minimum wage. Some states don’t set their own rules regarding overtime and others do. To check on your specific state, you’ll want to click here.

What other questions did you have for me today about this?

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