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Just because you're paid a salary does not mean that you are not entitled to overtime. That is one of the biggest misconceptions under the overtime laws. Being paid a salary is not the same as being considered an exempt employee. In order to be considered exempt or otherwise not entitled to overtime, an employee must be paid a salary of at least $455 per week and perform certain executive, administrative, or professional duties. These exemptions generally do not apply to blue collar workers or laborers.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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