Are salaried employees expected to work overtime?
The federal law doesn’t restrict how many hours you can be required to work in a day, although some state laws do. Hourly employees and non-exempt salaried employees must be paid overtime if they work more than 40 hours in a week.
Is mandatory overtime legal?
“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
Why do salaried employees not get overtime?
Because they’re exempt, salaried employees, you would pay them their $1000/week salary for all four pay periods, regardless of the number of hours worked—and no overtime pay is required. So, if your employee is both salaried and classified as exempt, they are not entitled to overtime pay.
How do companies get away with not paying overtime?
Whether or not you’re eligible for overtime under federal law is dependent on your classification as exempt or non-exempt under the Fair Labor Standards Act (FLSA). “Exempt” refers to exempt from overtime. Misclassifying someone as “exempt” is a key way many companies duck out of paying overtime.
Can I say no to overtime?
Yes, your boss can tell you that you need to work overtime. They can also legally fire you for saying “no.” But any mandatory overtime request needs to fall under the rules and regulations for your state and under federal law.
Can employees refuse to work overtime?
The contract of employment may contain an agreement to work overtime if the need arises. If an employee refuses to work agreed overtime, it amounts to a breach of contract and disciplinary action can be taken against the employee (as a refusal to work agreed overtime amounts to misconduct.
Do salaried non-exempt employees get overtime?
Nonexempt employees may be paid by means of a salary. Salaried nonexempt employees are still entitled to FLSA overtime pay if, when and to the extent that they actually work more than 40 hours in a work week. FLSA overtime pay is time and one-half of the employee’s regular rate of pay.
Can you pay an exempt employee overtime?
Exempt employees are not entitled to overtime pay; however, an employer may choose to pay exempt employees extra compensation in addition to their fixed salary without jeopardizing the exempt status. Extra pay can be paid in any amount, although some employers choose to pay an hourly rate.