What can I do if my employer has not told me if I am exempt or non-exempt?

UPDATED: Sep 30, 2022

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What can I do if my employer has not told me if I am exempt or non-exempt?

I am salary $400/week gross and was told I have to work 60 hours/week. I am a front desk clerk at a motel and can’t seem to get an answer. Should I be exempt or non-exempt and is my pay legal or should I be making the minimum $455? Can you please help?

Asked on August 31, 2016 under Employment Labor Law, Iowa


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether or not you are an "exempt" or "non-exempt" employee depends on your job description and duties. For example, are you a professional (i.e. lawyer, doctor), are you in management or a supervisory position, etc. If you are, then you considered "exempt" from certain wage laws (i.e. minium pay requirements, overtime pay and the like). If you aren't exempt, that is you are "non-exempt", then your employer is required to pay you accordingly. If you are not being legally compensated, then you can file a wage complaint with your state's department of labor and/or you can consult directly with a local employment lawyer. In the meantime, here is a link to a site that will help you determine your exempt/non-exempt status: https://www.dol.gov/whd/overtime/fs17a_overview.ht

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