Overtime for Salaried Employees

I am a salaried exepmt employee. I am forced to work a lot of overtime. No less than 65 hours a week and up to 80 hours on a regular basis. I have kept track of all of my hours on a spreadsheet since I began the job 6 months ago. The only times I work less than 65 hours a week is when I take a vacation or holiday, which I still usually end up working over 50 hours. Are there any laws against this that would make me eligible to receive overtime pay?

1 answer  |  asked Sep 9, 2007 10:59 AM [EST]  |  applies to Pennsylvania

Answers (1)

Neil Klingshirn
Overtime pay exemptions

Except in the case of minors, the federal wage and hour laws do not regulate the number of hours that you work. Rather, they allow an employer to require employees to work 24 hours a day, 7 days a week if the employer so chooses. The employer must pay the employees entitled to overtime at 1 1/2 times their regular rate for all hours in excess of 40, but the employer is free to require the employee to work as many hours as it sees fit. Employees, of course, are free to refuse to work excessive hours.

Whether or not you are entitled to overtime pay mainly depends on your duties. If you perform "exempt" duties, such as executive, professional or administrative duties AND you are paid on a salaried basis, you may be exempt from overtime. In that case, the number of hours that you work will not change the fact that you are exempt.

Thus, the answer to your predicament is in the market for jobs, where you can look for an employer who does not abuse the number of hours that you work, rather than in the court room.

I do not know if Pennsylvania law is different on this subject. Please consult a PA lawyer.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Sep 10, 2007 11:03 AM [EST]

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