Overtime and Salary
If you suspect that you are being denied some of your hard-earned wages, you should call or e-mail us today. We have lawyers standing by. You might be entitled to compensation - find out if you are. All initial consultations are free.
Whether or not you are entitled to overtime depends almost entirely on what you do - not whether you are paid a salary or not. Depending on your job function, you may or may not be exempt. For more information on overtime exemptions, click here. You are probably entitled to overtime (even if you receive a salary) if:
- Your pay is reduced if there is no work; or
- You receive less pay if you only work for part of a day; or
- Your salary is docked because you missed a day (or more) of work.
If you are working a ton of hours for a salary, it is entirely possible that your employer is taking advantage of you by paying you a salary when you are entitled to overtime. Call us, get a consultation and make an informed decision. You can be on the phone with an overtime lawyer today.
Why would my employer pay me a salary instead of hourly?
Employers often intentionally misclassify employees as salaried workers who are exempt from receiving overtime in order to save money. To be “exempt”, an employee must generally be an executive, administrative, or professional employee. Companies will try to fit employees into these categories even where overtime wage laws do not allow for it.
Some employers do not understand the difference between exempt and non-exempt employees. These employers should talk to an overtime attorney to make sure they are following all applicable laws.