Can an employer still pay you salary without overtime if your position and duties are changed?
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Can an employer still pay you salary without overtime if your position and duties are changed?
I was employed with a LLC for 2 years I managed a store and had employees report directly to me. Then for the last 2 years, I’ve worked in their other stores but no longer as a manager yet performing the same job duties as other hourly based paid employees although I’m still paid salary with no overtime. I worked a minimum of 10 hours a week overtime. Is there any recourse?
Asked on October 1, 2015 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It is possible that if you no longer manage anyone, that you are no longer exempt from overtime, since one of the most common overtime exemptions, the "Executive" exemption which really ought to be called the "Managerial" exemption, since it applies to non-excecutive managers requires managing other persons as one of its criteria.
Note if you are non-exempt, you must be paid overtime, but still can be paid a salary--there are salaried staff who receive extra pay for working more than 40 hours in a week, if they do not meet any of the tests to be exempt from overtime.
Go to the U.S. Department of Labor website and look at the tests to see if someone is exempt from overtime. Pay particular attention to the executive and administrative tests. If you don't meet the criteria for an exemption, you may be owed overtime. If so, you could either speak with an employment law attorney about bringing a lawsuit for the back overtime you are owed, or else speak with your state labor department about filing a wage and hour complaint.
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