Why do salaried employees not get overtime?

If you're salaried, you're probably also exempt from OT. Most of the time salaried positions are exempt. Salaried for 40 hours just means that's the minimum amount of hours they expect you to work. It can always go over 40, it costs them nothing.

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USLF Multistate Employment Law Handbook - Guide

Work Labor Law For Overtime In Bexar

Q: Why do salaried employees not get overtime?

If you&#039;re salaried, you&#039;re probably also exempt from OT. Most of the time salaried positions are exempt. Salaried for 40 hours just means that&#039;s the minimum amount of hours they expect you to work. It can always go over 40, it costs them nothing.

Category:

Employment - Handbooks

State:

Multi-State

County:

Bexar

Control #:

US-002HB

Format:

Instant download

Description

The Multi-state Employment Law Handbook serves as a general guide to the rights, protections, and benefits provided to employees, with particular emphasis on the work labor law for overtime in Bexar. The Fair Labor Standards Act mandates that employees receive overtime payment at a rate of one and one-half times their regular pay for hours worked beyond 40 in a week. This Handbook outlines specific rights related to overtime, the process for filing complaints, and potential legal recourse against employers who violate wage and hour laws. Additionally, it emphasizes the importance of understanding state-specific variations in employment law, particularly in Bexar, where local statutes may provide further protections. For attorneys, partners, owners, associates, paralegals, and legal assistants, this resource is essential for effectively guiding clients through employment law complexities, ensuring compliance, and advocating for employee rights. Users are instructed to refer to federal and state agencies for further assistance and to utilize this Handbook as a foundational tool for discussions about employment-related legal matters.

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FAQ

What should be included in an overtime policy? Introduction. Purpose statement. Scope. Authorization procedures. Excessive overtime guidelines. Consequences of unauthorized overtime. Disciplinary action.

A Texas federal court has struck down the 2024 Department of Labor overtime rule increasing the salary level applicable to the Federal Labor Standards Act's “white collar” exemptions both prospectively and retroactively.

Contact the US Department of Labor, Wage and Hour Division (USDOL) USDOL can assist with minimum wage and overtime claims if you're covered by the Fair Labor Standards Act.

Typically, for an unpaid overtime claim, an employee has up to two years to file a complaint or lawsuit. If action is not taken within two years, the court will likely deny the case. This time limit can be extended up to three years if the worker can prove that the employer knowingly went against FLSA regulations.

Start with a polite greeting and ask if they are open to you working overtime, rather than just telling them you need to. Briefly explain the reason for the overtime request so they understand the context. Acknowledge that it may require flexibility on your part and express willingness to discuss scheduling.

If you're salaried, you're probably also exempt from OT. Most of the time salaried positions are exempt. Salaried for 40 hours just means that's the minimum amount of hours they expect you to work. It can always go over 40, it costs them nothing.