Did you know that not all salaried employees are exempt from overtime? This is a very common misconception that is simply not true. Many employees who are salaried still qualify for overtime if they work over 40 hours in a week. They are required to be paid time and a half by their employers for their hours worked over 40, explained by our Cleveland Overtime Lawyer in the video above.
A question that attorney Scott Perlmuter gets pretty frequently is: “Didn’t something happen back in 2016 to change the salary basis requirements?” Yes, temporarily it was supposed to. Back in 2016 under President Obama, the Department of Labor implemented, or tried to implement, a new rule to double the amount of salary before someone could be exempted from overtime. Prior to 2016, you were not required to be paid time and a half for hours worked over 40 in a work week if you were paid at least $455 per week, which equates to $23,660 per year, and you met one of the certain types of job duties:
- Computer employees
In 2016, the Department of Labor tried to change that rule to double up that number, making it $913 per week or $47,476 per year to exempt someone as a salary-exempt employee. So, if you made less than that, even if you were paid a salary, you would still have to be paid time and a half for your hours worked over 40.
However, a federal court in Texas stopped the rule from being implemented, saying it had exceeded the power of the Department of Labor and they were not allowed to raise the salary basis that much. Then when President Trump was elected, the Department of Labor stopped trying to change that rule in the same fashion. So, today we are back to the pre-2016 rule which is $455 per week or $23,660 per year. If you make less than that, even if you are paid a salary, the same amount every week, you are still entitled to time and a half for hours worked over 40. If you are paid a salary, but it is over $23,660 per year or $455 per week, and you do not meet one of those job duties (administrative, executive, professional or computer employees), you are still entitled to time and a half for hours worked over 40 in a work week. If you have questions about whether or not you meet one of those job duties, our skilled legal team can give you detailed explanations of each. And if you or a loved one ever experience any employment or overtime violations, contact our law firm so we can help.