Can You Get Paid Overtime if You are Paid a Salary?
People will call me up and say. “Alan, my employer says that because I’m paid a salary, I’m not entitled to overtime.” Well, that is not the case. Salary is a test and it’s called the salary basis test and if you Google that, and you read it without a real good understanding of the overtime laws, you might think that. And your employer might legitimately think that because, his accountant or some business associate or somebody told him that and that’s what they’re going on. Well, just being paid a salary is not where you stop your analysis. You have to then go on and say. “Okay, is there an exemption that, where my duties … What I actually do, not what my job description says I do. But what I actually do, does that qualify me for the exemption?” And so, that’s a myth that I always take every opportunity to bust because, a lot of people think. “Well, if I’m just paid salary then I don’t have to … I’m not entitled to overtime.” It’s an important consideration, but that’s not where the analysis needs to stop.