Should a salaried employee receive on-call overtime pay?

UPDATED: Sep 29, 2010

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Should a salaried employee receive on-call overtime pay?

I am a salaried employee with a homebuilder, they require me to be on-call after hours for a 7-day period on a rotating schedule. Should I be receiving compensation for the extra hours of work?

Asked on September 29, 2010 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The issue isn't really whether you are salaried or not: the issue is whether you meet the criteria to be exempt from overtime. Being paid a salary is part of most of the exemption tests, but it's not the whole thing; its possible to be paid on a salary basis and still earn overtime. The issue will revolve around your responsibilities and duties; you can find the overtime exemptions at the Department of Labor website, under the "wages" and "overtime" categories.

If you are in fact exempt, then no--the employer does not need to pay you more for being on call or working extra hours. However, if you are NOT exempt, then you need to be paid for all hours worked--and hours on call *can* be hours worked; it depends on the exact  circumstances.

Go to the DOL website and look up the exemptions from overtime; if you think you might not be exempt, contract an employment lawyer who can review your situation in more detail.

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