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6 answers

Do you mean can't recieve overtime? A salary person doesn't get paid overtime because they get one lump sum weekly regardless of how many hours you work. It is just the way it works. When a company can pay you salary, and they do alot of overtime, it benefits them not you.

Before a worker may be considered exempt for overtime, there are three tests that must be met. First, the “salary-basis” test specifies that a worker must be paid on a set salary; hourly employees who work more than 40 hours in a given work week are generally eligible for overtime. Second, the “salary-level” test determines that any worker who earns less than a certain salary is automatically eligible for overtime, regardless of his or her job. Finally, a “duties test” allows certain executive, administrative, and professional employees to be exempt from overtime based on the kind of work they do.



The salary test has not been updated in nearly 30 years, and the duties test has gone even longer without any significant changes. One consequence of the lack of updated rules is that the minimum salary needed for a worker to be exempted from overtime is an absurdly low $155 per work week. The new regulation would raise the salary test to $455 per work week: any worker paid less than $455 per work week (or $23,660 per year) would automatically receive overtime protection, regardless of job duties.

2006-06-21 10:38:56 · answer #1 · answered by badgirl41 6 · 0 0

A salary employee usually DOES NOT receive overtime. Salaried employees are often referred to as "exempt employees." There are specific guidelines as to what defines exempt employees. Check with the Labor Department for the state that you live in.

2006-06-21 10:21:51 · answer #2 · answered by ps2754 5 · 0 0

Just because your employer pays you a salary or gives you a fancy title, it doesn't mean you're an exempt employee. Check with the US Department of Labor and your State's Department of Labor to make sure you qualify has an exempt employee. Ask them what is the criteria to qualify as exempt. If you provide them with a description of your primary duties, they might be able to advise you as to whether or not you are indeed exempt. If the Fed or State labor agencies determine that you're are not exempt, then you should be eligible for overtime.

2006-06-21 13:32:37 · answer #3 · answered by crazhaz 1 · 0 0

Check with the labor dept. for the state you live in, but I recall a federal law being passed stating that an "exempt" employee can work up to a certain amount of hours, and exceeding that would constitute overtime. I know it's not 40 or 50 hours, I am thinking a lot more. Again, check with your state's labor dept.

2006-06-21 10:26:40 · answer #4 · answered by volleyballchick (cowards block) 7 · 0 0

Anybody can be paid extra for time spent beyond a specific, pre arranged deal. In other words, if you hired on as a salaried employee at $40,000 annually, and your pre arranged deal called for a 40 hour work week, then the employer usually will offer a bonus incentive that would encourage you to work more hours. A bonus is usually based on productivity so you can obviously accomplish more in 50 hours then 40. It is over time pay with a different title. Most upper level managers get bonuses, and most work more then 40 hours.

2006-06-21 10:33:21 · answer #5 · answered by happylife22842 4 · 0 0

Company policy only. There is no requirement to pay overtime to exempt employees.

2006-06-21 10:24:35 · answer #6 · answered by Bostonian In MO 7 · 0 0

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