Is there any instance in which a designated department head who is classified as salaried non-exempt and who makes more than $27,000 not be paid overtime?

UPDATED: Sep 30, 2022

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Is there any instance in which a designated department head who is classified as salaried non-exempt and who makes more than $27,000 not be paid overtime?

There are hotel companies working managers 50-60 hours a week and still paying

them a flat salary. These employees are required to clock in and out, though not required to clock in/out for lunch. They are called

Asked on December 27, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This could be legal: a law which would have raised the salary threshhold to be exempt from overtime to around $47k was blocked by a judge, so the threshold remains around $23,660 in annual salary. A salaried employee who makes more than that *and* who meets one or more of the "tests" for exemption is exempt from overtime. (I write "one or more" because the tests overlap; it is possible to satisfy more than one at a time.) You can find these tests on the U.S. Dept. of Labor (DOL) website, under "overtime": the main ones for your purposes would be the "executive" test (which really should be called the "managerial" test, since it applies to many non-executive managers) and the administrative employee test. If you meet one of the tests, then given what you earn, you are exempt from overtime. Look up the tests and compare them to your job.
However, if you don't meet one of the exemption tests, then even as a salaried employee, you are entitled to an overtime premium (but not additional base salary or pay) for all hours worked past 40 in a week. If you think you have been improperly denied overtime, contact your state or the federal dept. of labor to file a wage-and-hour complaint; you could potentially be entitled to back overtime for the last 2 years.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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