Lawyers for the Workers

Salaried Workers


The Fair Labor Standards Act (FLSA) requires that all employees be paid overtime when they work more than 40 hours a week.

While there may be exceptionsto this rule, overtime is a requirement for everyone including workers who are paid a salary.

What are the Overtime Rules for Salaried Employees?

  • The most important rule is that all workers who are paid a salary are overtime eligible unless they fall within a handful of narrowly construed exemptions to the overtime requirements.
  • Job titles, job descriptions or industry custom are meaningless when evaluating whether a salaried worker is overtime eligible.
  • Employment agreements do not determine whether someone is overtime eligible. In other words, just because your employer tells you that you aren’t entitled to overtime doesn’t make it so.
  • The amount of the salary doesn’t dictate whether workers are overtime eligible. The overtime laws do not discriminate against workers based on their rate of pay. This means that workers who receive more than $100,000.00 may be as overtime eligible as someone who receives $30,000.00 a year.

Can I Receive Overtime and Back Wages?

The general rule is that all workers are overtime eligible unless you fit within one or more of the narrowly construed exemptions to the overtime requirements. To determine whether one or more of these exemptions applies, requires a review of the actual duties you perform. Our attorneys and staff are very experienced in conducting a free overtime evaluation and can quickly assess whether you may be owed back wages.

Some of the factors we consider in determining whether salaried workers are overtime eligible:
  • Do you perform the same or similar duties as hourly workers?
  • Are you considered a trainee or did you work as a trainee for more than a month?
  • Does your employer dock or deduct money from your salary when you are late, leave early or work partial days?
  • Does your job require you to perform routine or repetitive tasks, manual labor, perform work on a production line, or engage in sales?
  • Does your employer provide you with defined guidelines, practices or procedures describing how to perform your job and when to perform certain tasks?
  • Do you fire, hire, discipline or direct other employees on your own?
  • Do you supervise any employees on your own?
  • Do you work outside or at a desk?
  • Do you have any advanced degrees or licenses?

Most states allow workers to recover up to three years of back wages. This can amount to tens of thousands of dollars for some employees. Contact us today, and we can begin to help you regain what you have rightfully earned.

Industries Which Deny Salaried Workers Overtime

Retail: In the retail industry, many employees designated as “assistant managers” or “department managers” spend most their workday performing the same duties as their hourly employee counterparts at the store. These retail workers are responsible for placing merchandise on the floor, cashiering, and assisting customers. They usually remain subject to strict policies and procedures that dictate how they perform their work duties.

Retail employees often are given manager titles, such as:
  • Assistant Store Manager
  • Loss Prevention Manager
  • Operations Manager
  • Parts Coordinator
  • Merchandising Manager
  • Co-manager
  • Associate Manager
  • Cosmetic Specialists
  • Furniture Department Manager
  • Customer Service Manager

Employers are often tempted to try to avoid paying managers overtime because these positions often involve long hours; and to avoid it, they title them “managers” and designate them as “exempt.” Nonetheless, an employee has the same job responsibilities as other hourly employees and does not have true management responsibilities, the law considers them to be non-exempt employees. They should be paid overtime.

Am I Really a Manager or Should I Be Paid Overtime?

If you are not asked to provide reports to upper management, and are not given the discretion to hire, fire or discipline other employees, you are a non-exempt employee entitled to overtime pay through the federal Fair Labor Standards Act (FLSA), regardless of your job title.

Contact the lawyers at Josephson Dunlap today to make sure that you are getting paid what you deserve. Even though you are paid a salary, you may still be eligible for overtime pay. Find out how we can help today.

Oilfield: Oilfield Service Companies and Operators routinely denied their salaried employees overtime compensation. This is true even though these individuals often work more than 84 hours in a week for two to three weeks at a time. Oilfield workers perform routine, repetitive and physical duties in difficult environments. Workers in the oilfield, regardless of how much they are paid, are typically overtime eligible.

Job titles of workers in the oilfield that we have assisted include the following:
  • Fluid/Mud Engineer
  • Solids Control Operator
  • Field Specialist
  • Sand Coordinator
  • Fishing Tool Operator
  • Pressure Control Operator
  • MWD/LWD
  • Directional Driller
  • Surveyor
  • Driller
  • Coil Tubing Operator
  • Wireline Operator
  • TCP Specialists or Operators
  • Pipeline Inspector
  • Service Supervisors
  • Well Site Supervisors
  • H2S Operators
  • Cement Specialists

Other industries that refuse to pay their salaried employees overtime:

Our experience representing individuals who were paid a salary and no overtime compensation is substantial. Here is a representative list of industries and positions that have been involved in lawsuits alleging wage and hour violations over the years:
 

INDUSTRYPOSITIONS
Staffing / RecruitingRecruiters

Staffing Agents
BankingAssistant Bank Managers

Mortgage Loan Officers

Sales Representatives

Marketing Representatives
Investment / BrokerageAdvisers

Client Managers

Portfolio Managers

Financial Advisers

Trainees

Auditors
Software CompaniesIT

Coders

Support Center

System Administrators
ConstructionQuality Assurance

Procurement Specialists

Purchasing Agent

Safety

Billing Specialists

Disaster Relief Workers

Sales/Business Development

Inside Sales Representatives

Account Managers
MarijuanaRetail Workers

Security Guards

Cashiers
InsuranceAdjusters

Call Center Workers

Title Agents

Disaster Relief Investigators
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