Am I Entitled to Overtime as an Employee on Salary?

Salaried Employee Overtime Trying to understand whether you should be receiving overtime pay for working long hours can be confusing when you are a salaried employee. James Shoemaker, an experienced overtime lawyer can help make that process easier.

For salary workers, three factors determine whether you are exempt from overtime pay:

  1. Are you paid more than $455 each week ($23,660 each year)?
  2. Is your salary fixed and not subject to reduction for quality or quantity of work?
  3. Do you perform the duties of an exempt employee?

An exempt employee is defined by the Fair Labor Standards Act (FLSA). Meeting the salary threshold of $23,660 per year does not automatically qualify your position as exempt. Your job duties must also qualify under the “duties test” for an exempt position. If your job duties primarily involve executive, administrative, or professional duties as defined by the regulations, your job is exempt from overtime. Otherwise, you may still be entitled to overtime.

Do you think your employer is engaging in unfair overtime payment practices? Call experienced overtime lawyer James Shoemaker today at 757-223-4580 for your consultation. He can help you understand your rights and your options for legal recourse. Contact the law office of Mr. Shoemaker today.

Located in Newport News, Mr. Shoemaker serves clients throughout the Virginia, Virginia Beach, and Washington, DC, area. 

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