Am I eligible for overtime pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I eligible for overtime pay?
I am manager at a restaurant in Los Angeles and I work 50 to 55 hours a week on average. I have a salary pay of 45k a year. I wanted to know if I was qualifying for overtime. I make less than $47,476,
the threshold under the Fair Labor Standards Act but I’m not sure if I should be counted as an executive exemption by my employer. In my research I found that one criterion for that exemption is to
Asked on November 29, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are mistaken: the salary threshhold under the FLSA is $23,660/year ($455/week). There were proposed rules near the end of the Obama administration to increase that threshhold, but it was blocked by a judge and never went into effect, leaving the old threshhold in place. Here is a link to a U.S. Dept. of Labor webpage referencing the salary basis requirement: https://www.dol.gov/whd/overtime/fs17g_salary.htm
The above is per federal (national) law. In terms of your state's law, the law reference twice the "state minimum wage," *not* your city's minimum wage. Therefore, you use the $10.50/hour state minimum wage for this purpose, and you accordingly earn too much to qualify.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.