If I am on salary, does my employer have to pay me overtime?

UPDATED: Oct 1, 2022

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If I am on salary, does my employer have to pay me overtime?

My salary is based on 40 hours, 18/hour. I consistent have to work more due to my job requirements and lack of help. I only make $37,440/ year. I have asked several times to go back to hourly, but they have not allowed me to. They always promise to get me more help or a bonus that Inever comes. When I went to salary they promise I would not be loosing out, and that we would have half days on Friday in the summer, which has never happened. I would honestly be making more money if I have never gotten a “raise� as I was hired in at 16, hourly and qualified for overtime.

Asked on October 8, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You make enough money that you *might* be exempt from overtime. But hitting the salary threshhold for exemption ($455/week in salary) is only part of the story: your job duties and authority must also meet one or more of the "exemptions" from overtime. That is, regardless of salary, you must also have the type of job or position or responsibility that is exempt.
You can find these exemptions on the U.S. Department of Labor website, under "overtime." Look them up and compare to your job, especially the administrative employee exemption and if you manage or supervise anyone, the "excecutive" (which should really be called the "managerial") exemption. If you fall under one or more exemptions (there is overlap, so you could fall under more than one), you are not entiteld to overtime.
But if you don't meet at least one exemption, then you should receive overtime pay--extra money--when working more than 40 hours in a week. If that is the case, contact the state or federal dept. of labor about filing an overtime complaint for back overtime, as well as determination that they must pay you overtime going forward.

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