According to the Fair Labor Standards Act of 1938,
there are only two types of employees - those exempt from overtime
wages and those not exempt from overtime wages. If you work more
than 40 hours in one week, you may very well be entitled to overtime
wages. We’re here to help you not only determine whether
or not you are a non-exempt employee but also to help you recover
the wages that your employer may have kept from you.
Exempt employees
Under the Fair Labor Standards Act of 1938 (FLSA),
an exempt employee is anyone who is both paid on salary and performs
the duties of an exempt employee.
Most exempt duties fall under three different
categories: Executive, Professional, and Administrative.
Executive
If you regularly supervise two or more full-time
employees *and* you are “in charge” of a unit or sub-unit
of the company, you may be classified as an Executive and be exempt
from earning overtime. There are several exceptions to this general
rule:
If you are an “assistant manager” and
your manager is always present, even though you supervise two or
more employees, you may be entitled to overtime pay because your
manager is ultimately responsible.
A “line manager” or other similar
title that does not grant you supervisory rights is not exempt
from being paid overtime.
If you do not supervise two or more full-time
employees, but you supervise multiple part-time employees, you
may be exempted from overtime pay if you supervise 80 hours worth
of employee time or more in one week.
Professional
If your job utilizes advanced, typically highly-specialized,
training or education, you may be exempt from overtime wages. Such
professions include doctors, engineers, teachers, accountants,
and attorneys.
However, these are not the only professions exempted.
If your work requires you to regularly make decisions using good
judgment, discretion, and your highly-advanced training, you may
be exempt from earning overtime wages.
Administrative
If you perform office work that supports the business
and requires you to make business decisions, you may fall under
the administrative category of exempt employees. Payroll administrators
would be a good example of an exempt employee whereas a secretary
or receptionist would not be exempt from earning overtime wages.
Secretaries and receptionists typically do not exercise judgment
on decisions which affect the business.
The key to this category is whether or not the
individual makes decisions which effect the overall operation of
the business and not just a single executive or professional. Other
examples of employees who may be exempt would be Director of Human
Resources, Corporate Buyer, and Bookkeeper.
Other Exempt Employees
If you work for your family in agricultural production,
you are not entitled to overtime pay (and you may not be entitled
to minimum wage pay, either).
If you perform work for a labor organization and
are not employed by that labor organization (for instance, picketing
for your union while on strike) you are not entitled to overtime
wages. However, if you are employed by the labor organization (such
as an agent or administrative assistant) then you may be non-exempt
and entitled to overtime wages.
Non-Exempt Employees
If you did not fit any of the categories listed
in the
“Exempt Employees” section, you may be entitled to
overtime wages. Generally, if you work more than 40 hours in one
week, each subsequent hour is paid as “time-and-one-half”.
For instance, if you make $8 per hour, you would make $12 per hour
after your regular 40 hours of work.
We should note that hourly employees are not the
only ones who are entitled to overtime wages. If you are a salaried
employee that does not perform “exempt” duties then
you, too, may be entitled to overtime wages.
If you or someone you know feel that you could
be Entitled To Overtime Wages and
have been denied overtime pay, you may be able to Recover
Unpaid Overtime Wages.
There may be a Statute of Limitation that may
apply to your situation that could affect your chance for Unpaid
Overtime Wage Recovery.
Submit your claim for Unpaid Overtime
to an Unpaid Overtime Lawyer at
The Rasansky Law Firm at no cost to you.
For a more in depth look
into Unpaid Overtime, please visit www.texasovertimelawyer.com,
a Rasansky Law Firm speciality site devoted exclusively to Unpaid
Overtime Wage
Recovery.
