r/WorkReform • u/hackulator • Jan 28 '22
Advice You Should Know: Being on salary does not mean you don't get overtime. Protect yourself from wage theft.
So this is a post I have made a few times before but this seems like a place where it could be helpful. In the US there is a mistaken belief among many people that if you are in a salaried position as opposed to an hourly one, you are not entitled to overtime pay. This is NOT accurate. Whether or not you are entitled to overtime is based almost entirely on the nature of your job duties.
Jobs are either exempt or non-exempt from overtime pay based on certain criteria that are generally the same throughout the country, though there may be some small variations from state to state. Exempt positions do not qualify for overtime. If you are in a salaried position that is non-exempt, your employer is required to pay prorated overtime based on your salary for the hours you worked beyond 40 in a week. This means if you are salaried and work 50 hours in a week in a non-exempt job, your employer is required to pay you a MINIMUM of 37.5% additional weekly pay, 25% for the extra 10 hours and 12.5% for the federally mandated time-and-a-half overtime rate. This page has a general explanation of what types of positions are exempt vs non-exempt, however be sure to contact your state's Dept of Labor before making any decisions based on this.
IT IS ILLEGAL TO NOT PAY THIS OVERTIME, EVEN IF YOU AGREED TO NOT RECEIVE IT! Even if you signed an agreement that you don't get paid overtime, you are still entitled to it, as that agreement is illegal for employers to ask for and therefore null and void. If you employer has not been paying you overtime for a non-exempt job, you are usually entitled to all the back overtime pay you have not received AND significant additional penalty money.
If you believe you are being denied overtime you are owed, BE SURE TO KEEP TRACK OF YOUR WORK HOURS.
Wage theft is the most common form of theft in the US, and this is one of the way it happens. Protect yourself from wage theft by familiarizing yourself with these rules.
I am happy to answer any questions I can in the comments, however I am not a lawyer, my knowledge of this comes from personal experience with dealing with unpaid overtime.