Blog Post

Overtime

If my job title is manager and I am paid a salary, can I still get paid overtime?

Perhaps. Job titles alone do not determine overtime status. The fact that an employee is paid on a salary basis is not sufficient ground to exempt that employee from overtime pay. Workers in “managerial” roles should examine their day-to-day duties to see if they are spending a majority of their time managing others or usually performing the same tasks as those they supervise. If it’s the latter, the employer may be misclassified as a manager and entitled to unpaid overtime and double damages.

When is a manager not a manager? When the employee’s primary job duties are inconsistent with those that are necessary for managing. Examples of the primary duties of a manager include:

  • Customarily and regularly directing the work of at least 2 or more employees.
  • Customarily and regularly exercising discretionary power over significant managerial decisions.
  • The authority to hire and fire employees.

Even if an employee starts his/her job as a salaried manager, this doesn’t mean the job status can never change. Employees who once may not have been eligible to receive overtime pay may be surprised to discover they are now eligible for overtime because of the evolution of their role within the company.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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