Lawyers.com > 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
More details to this question:
This is a Forbes top 500 company. I am not in a management position.
Answers Showing 1 out of 1
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.

Best,

Chip Clark

THIS RESPONSE DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP

Report Abuse
Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
Have an Labor and Employment Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

319 Answers, 20 Legal Topics

Patrick Johnson

Attorney - Tennessee

234 Answers, 43 Legal Topics

Michael D. Siegel

Attorney - New York

139 Answers, 26 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

112 Answers, 21 Legal Topics

Lori Nevias

Attorney - New York

94 Answers, 33 Legal Topics

Bruce Robins

Attorney - New York

94 Answers, 8 Legal Topics

R. Sam Price

Attorney - California

91 Answers, 13 Legal Topics

Labor and Employment Local Law Firms  
In United States change location
×
Please select state Update
Do It Yourself Legal Forms
Go

Popular Forums