When is an employee entitled to overtime?

UPDATED: Nov 16, 2012

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When is an employee entitled to overtime?

My boss is an optomitrist in a privite practice with 3 other doctors. We have 14 employees, including myself, and our boss/doctor pays for our insurance. Is it legal for him to not pay us overtime? We are paid on the 1st and the 16th of every month and have worked several times 80 hours.

Asked on November 16, 2012 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All employees are entitled to overtime unless they are exempt from overtime. To be exempt, an employee--

1) Must be paid on a salary, not hourly wage, basis--all hourly employees get overtime when they work more than 40 hours in one work week; and also

2) Meet one of the tests for exemption. You can find these tests on the U.S. Department of Labor's website; you need to compare your job duties and responsibilities to the tests. The main ones for office staff are the administrative and the executive (or managerial) tests; technical staff should also look at the computer professional test, and highly educated or trained employees might look to the (regular) professional test, too.

If you are paid a salary and your job meets one or more tests, you are not entitled to overtime; otherwise, you are.

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