Am I entitled to overtime pay

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Am I entitled to overtime pay

I have an hourly rate like everyone else but when our medical insurance comes up
for renewal I am considered an hourly employee and have to pay more than
Management pays. I do not have anyone who reports to me and I am not allowed to
spend more than 300 without management approval. I believe that makes me
‘hourly’ and entitled to overtime pay. Am I correct?

Asked on April 11, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Is your actual pay calculated by the hours you work, so that you receive different amounts if you work 37, 39, 40, etc. hours per week? If you do you are hourly; if not--if you receive the same pay every week regardless of hours worked--you are salaried. 
If you are hourly, you definitely are entitled to overtime.
If you are salaried, you may be entitled to overtime, but could be exempt if you meet one of the non-managerial or non-executive tests for exemption. Go to the U.S. Dept. of Labor website, look under overtime for the possible exemptions, and compare each to your job (duties, responsibilities, authority, etc.). If you meet one of those tests and are paid on a salary basis, you are exempt from (i.e. do not get) overtime; but if you do not meet at least one test or exemption, you are non-exempt and should receive overtime (i.e. additional) pay when working more than 40 hours per week.


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