TimePays, Here Are Your Articles for Wednesday, June 13, 2018
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Who is Entitled to Overtime—and Who Isn't


When it comes to determining who is exempt from overtime pay and who isn't, federal law generally maintains that managers who earn above a specific amount should be exempt, while other workers who have no powers and responsibilities when it comes to the ability of hiring or firing other employees can receive overtime payments regularly. However, it is important to note that the title of manager in itself is not enough to exempt an employee from overtime payments, and should any employees notice their duties have changed, they may be able to file a claim for being eligible to receive overtime payments.

Are Managers Always Managers?

The main discrepancy has to do with companies where managers are forced – either due to shortness of staff, or insufficiently skilled employees – to perform the same tasks as the workers they have to oversee. In this case, managers are not "just" managers, as their duties extend beyond the role of training and overseeing other employees, and they may be eligible for overtime payments under certain circumstances. One of the main factors that would influence whether or not a manager might be entitled to being paid up to one and a half or even two times more per hour for overtime work is the prospect of spending more than 50% of the time reserved to their normal duties performing tasks that are geared toward regular employees.

The Income Rule

Another important rule has to do with the amount of money a manager earns per year. The idea is that an employee can only be considered to have managerial status, if he/she earns more than the federal threshold. If the amount earned is smaller, the employee may be entitled to file a claim and request overtime payments to be provided for the hours they work extra, whether their job label is "manager" or not. There may be state rules as well. 

HR Service

Are you unsure if your company is compliant with these laws? We offer different products to assist you. Ask us about our HR and Poster options.

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Scott Johnson
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Our firm provides the information in this e-newsletter for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
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