Q: I am paid in fixed salary. Am I entitled to be paid overtime wage?
A: All employees are entitled to overtime unless they fall under a specific exemption.
Under Federal and State Law certain occupations are considered “exempt.”
These include, but are not limited to, executives and administrators earning more than $727.50 per week, professionals, outside salespersons, commissioned sales people, and interstate truck drivers.
If you do not fall under an exemption you must be paid overtime.
The overtime requirement is based on hours worked in a given payroll week.
In general, if you have worked more than 40 hours in a pay week, and are not “exempt”, you must be paid an overtime rate for all hours over 40.
