> Discuss Your Legal Issue > Ask a Lawyer > Labor and Employment > If I am salaried can my employer mandate that I work unpaid overtime for an indefinite period of time? Of note this has been going on for 2 years.

If I am salaried can my employer mandate that I work unpaid overtime for an indefinite period of time? Of note this has been going on for 2 years.

1 Answers. Asked on Apr 25th, 2017 on Labor and Employment - Indiana
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This is a Forbes top 500 company. I am not in a management position.
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Answered on Apr 26th, 2017 at 6:55 AM

Dear Anonymous,

Here is a link to blog that I had previously written on this very issue.  The question that you raise is whether or not you are considered "exempt" from the overtime requirements of the Fair Labor Standards Act ("FLSA").  For all "non-exempt" employees, the FLSA requires that employers pay overtime in the amount of 1.5 times the hourly wage for every hour worked over 40 hours in a given work week.  However, simply paying an employee a salary, rather than hourly, does not mean that they are exempt.  One factor to be considered is the amount of your salary.  In fact, last year the United States Department of Labor's Wage and Hour Division raised the white collar exemption from $23,660 to $50,440 per year.  In other words, if you are making a salary less than $50,440 per year, there is a chance that you are not exempt from the overtime requirements of the FLSA, and you may be entitled to overtime pay.

The amount of your salary is not the only factor that is considered.  Other factors include:  the level of education required for your position, and whether you have management responsibilities. Some examples of exempt employees are attorneys, teachers, and outside salespeople.  However, it has also been determined by the courts that some occupations that require a lot of education, like pharmacists, are not exempt from the FLSA's overtime requirements.  Therefore, the best way to determine whether you might be entitled to overtime pay is to talk to an experienced employment attorney.


Chip Clark


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