I hear this from people all the time, and it amazes me how often employers convince employees that because they get paid a certain way or have a titled, they are not entitled to overtime. Titles, and being paid the same on pay dates does not guarantee what is known as “Exempt Status.” The name itself suggests that employees must perform certain duties/tasks as well be paid double the current minimum wage (wage rates now differ in cities) to quality for that status. Just because there is a commission or one is paid $2000 a month every two weeks does not make an employee an exempt employee.
If you are unsure on what your status is, check your job description. Can you make management decisions such as hire, fire, demote and write-up employees? Do you have varying hours or is it a set schedule? While not one factor can determine your status, the easiest way to is know if you are being paid twice the minimum wage (called the “Salary Test”) to see if you pass the first prong of the exempt status. If not, you may be entitled to overtime, depending on your duties and how many people you manage.
January 31, 2017
