overtime pay for exempt people

I work for a food service contractor in a management capicity. I have supervisors that are paid various hourly rates. They are paid time and a half for overtime. We basically do the same work I do actually extra paperwork.I am on salary based on a fifty hour workweek according to my check it is broken down by the hour however I am never paid overtime. Am I really exempt from overtime? I typically work 55 to 60 sometimes more.

1 answer  |  asked Sep 27, 2002 12:06 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
It depends on how much time you spend in management duties.

Assuming that you are paid on a salaried basis and that you supervise the work of two or more employees, then you are exempt from overtime if 50% or more of your primary duties involve the management of the enterprise or of a department or subdivision of that enterprise.

If you are doing non-managerial work more than 50% of the time, you may have a substantial claim. Also, we should explore whether you are realling being paid on a salaried basis, particularly if your paycheck is showing an hourly rate.

We offer an initial consultation for a $200.00 fee. If you are interested, call Cheryl at 330.665.5445, ext. 0 and she can get you on my calendar.



posted by Neil Klingshirn  |  Sep 27, 2002 4:29 PM [EST]

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