Labor laws

UPDATED: Sep 30, 2022

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Labor laws

I am a supervisor of 8 people.I am required to work at the least 45 hrs per week,exempt,no breaks,to work on days off and vacation days,and only get paid for 40 hours. Some of my duties are the same as the hourly workers. Is this legal? I work in New Hampshire.

Asked on January 10, 2017 under Employment Labor Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are truly exempt (see below), then you are not entitled to overtime and do not receive it no matter how many hours your work or if hourly staff have some similar duties as you. The only issue therefore is whether you are truly exempt.
To be exempt:
1) You must be paid on a salary, not hourly, basis.
2) Your salary must be at least $23,660 per year.
3) Your job duties must meet one or more of the tests for exemption, which you find on the U.S. Department of Labor website under "overtime." The main ones for your purpose would be the executive exemption (which really should be called the "managerial" exemption, since it applies to non-executive managers) and the administrative employee exemption. Compare your job duties/authority/responsibilities  to these tests.
If you supervise 8 people, it is very likey that you *do* meet the executive test, and so if you have a salary of at least $23,660, that you are exempt.

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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