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(EMAILWIRE.COM, July 21, 2011 ) Orlando, Florida -- Salaried employees are not automatically exempt from overtime pay simply because they are paid on a salary basis, according to the overtime attorneys at Morgan and Morgan. Federal overtime law states that, to be ineligible to collect overtime wages, an employee generally must receive a salary of at least $23,600 per year and perform the job duties of an exempt employee. Meeting only one of these requirements is not enough to render an employee ineligible for overtime wages; therefore, an employer cannot deny overtime pay to a salaried employee based solely on the manner in which that employee is compensated. Salaried employees who are unsure as to whether they are owed overtime wages can take advantage of the free consultation offered at http://www.usovertimelawyers.com/ to find out if they can file a claim to recover up to three years of unpaid overtime wages.
According to federal overtime law, most employees are entitled to receive time-and-a-half pay when working more than 40 hours in a single workweek. Salaried employees who make less than $23,600 per year, or $455 per week, are generally eligible for overtime pay, even though they are paid on a salary basis. To be exempt from overtime, salaried employees earning more than $23,600 per year must perform exempt job duties as outlined by overtime law, and cannot be denied overtime pay based on the manner in which they are compensated alone.
Federal overtime law outlines three general exemptions, comprising of the executive exemption, administrative exemption and learned/creative professional exemption. Workers who meet the requirements of these exemptions are not entitled to overtime pay. To meet the executive exemption, employees must earn more than $23,600 per year and perform the following job duties: supervising two or more workers; hiring or firing other employees or having the ability to recommend such decisions; and managing the company, a department or subdivision. Likewise, employees falling under the administrative exemption must meet the same salary requirement, as well as perform office or non-manual work directly related to management or general business operations and regularly exercise independent judgment and discretion in important matters. Employees fitting into the learned professional exemption generally include dentists, teachers, doctors, lawyers, pharmacists, engineers and registered nurses, while creative employees who are ineligible for overtime pay may include actors, writers, composers, musicians and cartoonists and do not necessarily have to be paid on a salary basis to be exempt.
Salaried employees who do not fit an overtime exemption and are being denied overtime wages may be able to pursue a claim seeking up to three years of unpaid overtime. To find out if you are eligible for an unpaid overtime lawsuit, visit USOvertimeLawyers.com and complete the free consultation form. The overtime lawyers at Morgan and Morgan are providing this online case review at no cost and remain committed to protecting the rights of workers who were wrongfully denied overtime pay.
About Morgan and Morgan
The employment law division at Morgan and Morgan is dedicated to protecting the rights afforded to employees under state and federal labor laws. The attorneys within this department handle cases involving unpaid overtime, minimum wage violations, sexual harassment and workplace discrimination. If you suspect your employment rights have been violated, visit USOvertimeLawyers.com or ForThePeople.com today for a free case evaluation and information on your legal rights.
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