If Iam not required to work overtime, does my employer still need to pay me time and a half for any hours worked over 40 in a week?

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If Iam not required to work overtime, does my employer still need to pay me time and a half for any hours worked over 40 in a week?

I am a non-union carpenter.

Asked on January 10, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether you are union or not is irrelevant; the question is whether you are exempt from overtime or not. If you are not exempt, you must be paid overtime for all hours worked past 40 in a single workweek. All hourly employees are exempt--that  is, all hourly employees are eligible to receive overtime. Some salaried employees are nonexempt, too--to be exempt (not get overtime), you must be paid on a salaried basis and also meet one or more tests, based on job responsibilities. If you are salaried and want to see if you are exempt or nonexempt, go to the Dept. of Labor website and look under "wages," then "overtime" for the exemptions. If you do not qualify for an exemption, you are eligible for  overtime.


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