by Tim Becker
It may not be the main question many salaried workers would ask, but it is important to know if overtime pay is available as a salaried worker. This begs the question, are salaried employees entitled to overtime pay?
The answer to this question is, yes. A lot of salaried employees are entitled to overtime pay. They are entitled to this overtime pay under the Fair Labor Standards Act (FLSA). However, there are some factors that the Labor Of Department places great emphasis on when it comes to whether or not you should be eligible for overtime pay. The work you do is placed under consideration for whether or not overtime pay is available. With this in mind, knowing whether or not overtime pay is for you as a salaried worker becomes more complicated than meeting a certain salary threshold.
If an employee is not covered by the FLSA’s overtime and minimum wage requirement, they are considered “exempt”. Generally, a lot of exempt workers tend to fall under the law’s “white collar exemptions”. White-collar exemptions are the ones that determine which workers are not entitled to overtime. Receiving a salary is one of the white collar exemption’s three criteria. However, many salaried employees do not meet the other two, therefore, making them eligible for overtime pay.
The infographic helps you answer three questions that will let you know whether or not you are entitled to overtime pay as a salaried employee.
Tim Becker-Partner at Minneapolis’ Johnson // Becker PLLC, and lead sponsor of WageAdvocates.com. He is committed to providing clients effective, aggressive legal representation, and has prosecuted numerous individual FLSA violation claims.