Salary Alone Does Not Determine Exemption From Overtime Pay

Neither a job title or salary alone determines exempt status from overtime payments. Instead,  job duties, wages and occupations determine your classification as being entitled to overtime pay.   The Fair Labor Standards Act (“FLSA”) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

When does overtime pay for compensable time become mandatory even for employees being paid a salary?

Initially, you look to see whether any typical “white collar” exemptions from overtime pay apply. Thus,  the FLSA does provide an exemption from overtime pay for bona fide executive, administrative, professional and outside sales employee as well as certain computer employees.  To qualify for this exemption, employees generally must meet certain tests based on their job duties and be paid on a salary basis at not less than $648 per week.   The application of these tests to specific cases has been developed by the cases fought out in Courts. A Florida employee rights lawyer experienced in wage and hour litigation can analyze your particular job situation to find out if your FLSA rights have been violated and you are owed overtime wages even though you receive a salary.

Importantly, these  “white collar” exemptions from overtime pay do not apply to manual laborers or other “blue collar” workers who perform work involving repetitive operations with their hands and using physical skill and energy.  The following typical industries  pay employees a salary with no overtime: construction, carpenters, fire-protection installers,  electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers and longshoremen.  These salaried workers are to overtime premium pay under the FLSA, and generally are not exempt no matter how highly paid they are.

Call attorney Rose H. Robbins at (954) 946-8130 for a FREE  telephone consultation about your claim for unpaid overtime wage violations when being paid a salary. Or you can complete the simple form below for confidential submission to our office. We will contact you within 1 business day.  Please be advised that by merely submitting this form, no Attorney-Client relationship is formed with this law firm.   You must provide your name,  cell phone number, your email address and your zip code in the form.  We serve the following counties: Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River, Brevard, Okeechobee, Monroe, and Highlands.