Your employer pays you a salary rather than hourly wages. In return for that salary, and any benefits that come with it, your employer expects you to fully commit yourself to your job, doing whatever it takes for as long as it takes to meet your responsibilities and goals. If you are working the tenth hour of your workday or the 50th hour of your week, that’s just part of the gig, you think; your employer doesn’t owe you any additional wages and overtime pay since they pay you a salary.
Are you sure about that?
Many salaried employees mistakenly believe that they aren’t eligible to receive overtime pay because their employers do not pay them on an hourly basis. While this is true for many salaried workers, it is definitely not the case for all workers who receive a salary. Some salaried employees should, by law, receive additional compensation for overtime they log.
If you receive a salary, here is what you need to know to determine whether your employer owes you money for any time you commit to your job over and above 40 hours a week.
You Deserve Overtime Pay if Your Salary is Less Than $23,660 a Year
The Fair Labor Standards Act (FLSA) is the federal law that imposes minimum wage, overtime pay, and other requirements on almost all employers. All “non-exempt” employees must receive one and a half times their regular wage for all hours worked over 40 in any given workweek.
Many if not most salaried employees are exempt from FLSA’s overtime pay requirements; this exemption applies to salaried workers whose primary job responsibilities involve “executive, administrative or professional” duties as defined in federal regulations and whose salaries are greater than $23,660 per year – or $455 per week. But if your salary is below those amounts, your employer must pay you at the overtime rate for any work you do above 40 hours a week. Salaried employees can calculate their hourly rate by dividing their weekly salary by the number of hours worked. The employer is then obligated to pay one and a half times the calculated rate for all time worked over 40 hours.
The Salary Threshold for Overtime Pay May Go Up Soon
If you make more than the current $23,660 threshold, you may soon be eligible for overtime pay. In March 2019, the U.S. Department of Labor published a proposed rule which, if enacted, would raise the salary cap for non-exempt employees to $35,308, or $679 per week. This change could add money to the wallets of an estimated one million American workers.
Certain Employees Are Always Non-Exempt Regardless of Salary
No matter how much they are paid, certain workers are always considered non-exempt under FLSA and accordingly entitled to overtime pay. This includes:
- Police officers
- Laborers including non-management production-line employees
- Non-management employees in maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, ironworkers, craftsmen, operating engineers, longshoremen, and other construction workers
You May Deserve More Than Your Salary. Contact the Overtime Pay Attorneys for a Free Consultation.
If you believe that your salary or the nature of your job may entitle you to overtime pay, meeting with an experienced wage and overtime pay attorney is the best way to understand your rights and your options and ensure that you receive every dollar you deserve.