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2007-01-10 10:33:03 · 25 answers · asked by michael r 2 in Business & Finance Careers & Employment

25 answers

Everyone here says no...hmm makes me wonder how many should get back wages.
Here is the deal on salaried employees. First of all it depends on the position and also depends on the amount of salary paid.
So in lieu of the fact that different states have different rules I will just tell this story to give you an understanding of what I am talking about.
My husband used to work at this oil and lube place. His salary was $400.00 bucks a week and his title was Assistant manager.
Anyway he worked like a dog putting in sometimes 60 hours a week for about 2 years before listening to me and deciding that he was getting ripped really bad. Anyway long story short I researched and found out in New Mexico where I live the lowest someone can be paid on salary is $425.00 week. Then I searched further and found out only certain employees are exempt from overtime regardless if they are on salary or not. I wont get into that as I am sure it varies by state, but I will tell you alot of depends on how much control you have within you job. For example if you are considered upper management then your stuck with just the salary, but lower management may not be exempt from overtime, they would get thier salary plus any payment for overtime. The differences are sometimes only a hair different, so you need to read up on your states laws. The US department of Labor sets the basic guidelines so read there and you will see not all salried employees are exempt from the overtime rules. (see link).
Anyway we ended up filing a complaint with the New Mexico department of Labor and they did an investigation and my hubby ended up getting paid back wages. The sucky thing was is the lines that define upper and lower class management were so minute the owner of the company was able to get away with classifying my hubby as upper which made him exempt from overtime. Yet on the flip side he ended up getting about 2800 bucks because the boss wasnt paying him the minimum amount in salary required by the state. We could have appealed it but my hubby liked the owner and didnt want to pursue it.
So to all those who think just because your on salary you dont get overtime you may want to look at your state regs.
There are some givens such as teachers and administrators that are always exempt but if you dont fall into this then its worth a look into your states labor laws.
Just go to google and type "your state department of labor"
Also that link below may help guide you in the right direction on where to find the info you need.

2007-01-10 11:25:31 · answer #1 · answered by Anonymous · 1 0

It is not required by law. The places I have worked for have had varying policies. One did pay overtime for anything above 40 hours. One paid overtime for anything above 40 hours IF you worked more than 48 hours. Some paid overtime occasionally if a deadline was approaching and/or the hours needed to do something was badly estimated. Some had a limit on how much overtime pay you could get, if you exceeded that you were basically working for free.

My own opinion for what it's worth is that as a salaried employee you should be expected to work a 9 to 10 hour day ON OCCASION to meet a deadline or because you just feel you are having a productive last hour or 2. If you come Saturday or Sunday you should get overtime because these are supposed to be YOUR days, not your companies. This seems to be pretty much how my current employer feels, one reason why i am happy there.

2007-01-10 10:56:35 · answer #2 · answered by clueless_nerd 5 · 0 0

Saleried

2017-01-17 13:39:31 · answer #3 · answered by ? 4 · 0 0

No they are not. They are exempt form overtime, typically. However, recently there have been several cases brought to trial where salaried employees were actually hourly employees, and therefore entitled to overtime. A year or two ago Bush signed some legislation that defined, a little more clearly, who and who would not be eligible for overtime.

2007-01-10 10:52:03 · answer #4 · answered by smh60437 3 · 1 0

Usually, salaried employees are not paid overtime if they are classified as Exempt (the definition of this is decided per-State). This may not be true for some professions, such as working for a government contractor, in which the company is paid an hourly wage for the employee.

Some companies offer, in lieu of overtime, "comp" time. They will effectively give you time off to compensate for some of the time you were forced to work over.

Some companies just say "Work it, like it, or get out!" , as well :)

2007-01-10 10:48:07 · answer #5 · answered by Anonymous · 0 0

No and they are not entitled to any either due to the fact that they are salaried employees!
Even though they are working tremendous hours etc. they do get other forms of compensation such as free insurance,longer paid vacations,bonus,and stock options too!! If they were to add up there hourly wages over the period a kid working at McDs would make more sometimes if not for the benefits!!

2007-01-10 10:51:59 · answer #6 · answered by fxbeto 4 · 0 0

Normally salaried people are exempt from overtime and hourly workers are non-exempt. I do have a friend who is a salaried employee but receives overtime pay b/c her position is so demanding and she ends up having to log in from home during off hours as well.

So to answer your question yes salaried employees can make overtime but it is based on your position being exempt or non-exempt from overtime.

2007-01-10 10:54:54 · answer #7 · answered by LuvMyGirls 5 · 1 0

"SalAried(!)" employees are paid to do a job. If it takes 85 hours a week - it takes 85 hours a week.

Sometimes they have conditions for "time off in lieu" if they work more than 48/50 hours a week. They then get a day or half-day off for every extra 4 or 8 hours.

VERY occasionally there is provision for some form of overtime - but it is usually not a great deal.

And actually getting the time off or the money is damn hard!!

2007-01-10 10:51:33 · answer #8 · answered by Anonymous · 1 1

The entire reason they are working on a salary basis is so that they are not entitled to overtime under their contract. They are expected to work as necessary for the job position.

2007-01-10 10:47:55 · answer #9 · answered by Cute But Evil 5 · 0 0

You are paid for overtime if you only make an hourly salary, which is (most often) time and a half.

If you have an annual salary, you would have to have special stipulations in your contract.

2007-01-10 10:52:12 · answer #10 · answered by prettycute4u62040 4 · 0 0

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