Are Salaried Workers Exempt from Overtime?

The complexity of federal and state labor laws can leave many workers confused about issues such as salaried work and overtime pay. The employment laws which regulate overtime eligibility are set by the Fair Labor Standards Act (FLSA). While the FLSA does not include certain industries such as agricultural workers, most employees (and employers) in the United States are covered by the act. To determine if you are eligible for overtime pay, it is important to understand the difference between exempt and non-exempt employment status.

  1. Non-exempt employees are covered by FLSA regulations and must be given overtime pay for time worked over 40 hours per week. Employers are required to pay time and a half for overtime hours and most hourly-wage workers are considered to work non-exempt positions.
  2. Exempt employees are not covered by FLSA overtime regulations, however, there are some exceptions. Typically, an employee is exempt if (1) they earn over a specified amount, (2) are salaried, and (3) perform certain job functions.

While the FLSA is active on the federal level, state and local laws may also affect how overtime pay is determined. For example, in Texas, workers earn overtime pay only after working forty hours a week. In other states such as California, employees can earn overtime after working a certain number of hours in a single day. Employers who attempt to break or bend these rules and withhold earned pay may be subject to legal consequences.

What Are Exempt Job Duties?

As mentioned above, certain job duties can categorize employment as exempt under FLSA regulations. While each role is considered individually, exempt job duties can include the supervision of more than two employees, management roles, positions requiring advanced training, and administrative roles that support vital business functions. For example, teachers, lawyers, HR professionals, and managers are all likely to be considered exempt employees.

Board-Certified Employment Lawyers

While federal regulations afford employees protection from unfair treatment, the laws are not always followed. If you believe that your employer violated FLSA guidelines and has not paid fair compensation for your work, our Houston employment law attorneys want to hear from you. At Shellist Lazarz Slobin, we have substantial experience helping clients to protect their rights in the workplace and can help you to resolve disputes regarding overtime pay, minimum wage compliance, and exempt/non-exempt status issues.

Call (713) 352-3433 and speak to an attorney about your employment rights and legal options.