The FLSA does not require
overtime pay for salaried employees if certain other conditions are met.
- Just because a
worker receives a salary that does not mean the worker cannot be due overtime
- Reduction in
employee’s pay for time missed when sick
- Failure of
employers to pay full salary owed each week.
classified as management who do not actually perform management tasks as set
out by the law
- Employees with
degrees that usually apply to the exemptions, but who are not using the degree
on the job
confusing acquired job skills with the use of independent judgment
employees receive a set pay each workweek without taking into account the
actual number of hours worked
the following factors:
Do you “manage”
or “supervise” other employees?
supervision of other employees means that two or more full time employees
report to you for work assignments and oversight of their daily tasks
Are you subject
to pay docking if you miss part of the regular work day?
If so then you
are not exempt from overtime pay
because pay docking is inconsistent with your status as a “salaried” manager or
Do you spend a
majority of your time performing management or supervisory duties?
- This is where
most employers get into trouble.
must spend at least 80% (in retail and service industries 60%) of their time in
In other words,
if you spend a large part of your time performing tasks such as ringing up
sales, preparing food orders or filling in for absent non-managers then you may
not be a “true” manager or supervisor and might be due overtime.
If you spend a large part of your time
performing tasks such as ringing up sales, preparing food orders or filling in
for absent non-managers then you may not be a “true” manager or supervisor and
could be due overtime.
- Some employers will abuse so-called salaried
assistant and associate manager employees, requiring them to perform a large
amount of “fill-in” work for non-salaried employees who do not show up for
work. This occurs more often when hiring
is tight. This illegal practice works
because the employer uses as an incentive the possibly becoming a manager with
a much greater salary and eligibility for greater bonuses. Often, the salaried assistant and associate
manager employees will work a very large number of overtime hours, resulting in
a very large amount due the employee.
The amount due could be in the tens of thousands of dollars. Unfortunately, this unfair practice is much
more common than most people think.
- Some examples of
management duties include:
- setting the schedules of other employees
- making decisions about hiring or firing employees
- directing the work of at least 2 other full-time
Are you paid on an hourly basis or on a
If you are paid
hourly, then you are not exempt from overtime pay regardless of your management
See Managers, Supervisors, Assistant Managers
and Associate Managers.