Overtime Law

Managers and Overtime Pay

Many employers intentionally classify employees as salaried managers or supervisors to avoid paying them overtime. Misclassifying is a common overtime scam among employers. If you believe you have been misclassified as a salaried manager or supervisor, fill out our free case evaluation form.

There are several factors that determine whether an employee is an exempt manager who is not eligible for overtime pay. If the employee truly manages or supervises other employees, he or she would be exempt from overtime pay. A manager who cannot control other employees, direct their work or make decisions in the workplace is not an exempt manager or supervisor.

An exempt salaried manager can't dock part of a day's pay when he or she misses a part of the day's work. The partial docking of the employee's pay is not consistent with his salaried manager title. In addition, an employee who does not exercise management powers all the time and who spends most of his time performing the work of non-management employees is usually not exempt from overtime pay. Lastly, hourly employees are not exempt from overtime regardless of their management functions.

If you are a victim of employee misclassification, contact the overtime attorneys at Morgan and Morgan today. Our experienced overtime lawyers can help you get the compensation you deserve.