Working additional hours and being a salaried employee?

UPDATED: Sep 30, 2022

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Working additional hours and being a salaried employee?

I recently accepted a new position and was told that after some time I would be taking on new responsibilities as well as working the occasional Saturday and week night but by then I would be

a salaried employee because there’s no overtime. Starting hourly rate 14. I read online that if you make under a certain amount as a salaried employee that you do qualify for overtime pay. Is that true?

Asked on January 9, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

That is correct: you can find the current precise amount on the U.S. Dept. Of Labor website, but it is roughly $23,600 per year. If you earn less than that threshhold, you must receive overtime when you work more than 40 hours in a week, even if salaried. Even if you earn more than the threshhold, you may be entitled to overtime: to be exempt from overtime, you must earn enough AND your job duties or responsibility must meet one or more of the "tests" or criteria for exemption. You can find these, too, on the DOL website; the main ones for most purposes are the learned professional, computer professional, administrativr, and executive tests.

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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