Am I entitled to overtime pay and/or an entire day’s pay if I work more than a few hours in that day?
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Am I entitled to overtime pay and/or an entire day’s pay if I work more than a few hours in that day?
I work for a company and my title is IT Manager; I am paid a salary of 81K per year. My time is not tracked I do not punch a clock; no one reports to me and I do not have the power to hire or fire an employee. Often I works nights and weekends from home, and have even worked while on vacation. When I need to leave early for a doctor’s or other appointment, the accountant takes that time from my Paid Time Off each time. I am not given any pay for overtime nor comp time for the additional hours I work. Should I be getting ovetime or being paid for a full day even if I only work a few hours?
Asked on July 7, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) As a salaried employee, you do not receive additional pay for working weekends--your weekly salary is your entire pay for the week.
2) Any work day you work even a few hours, you must be paid the full daily (e.g. 1/5th of weekly) salary.
3) If you are *required* explicitly by your employer to work on a vacation day during the workweek, then you should you get your daily salary for that day and not have to use a vacation day. If you choose to work on that day without being ordered to, they do not have to pay you.
4) You do not get extra pay for working at night on a weekday, as a salaried employee.
5) If you are an IT manager, you are most likely exempt from overtime under the professional or computer employee exemptions (or both); here is a link to a DOL fact sheet. Compare your job to those categories of exemption to see if, as I suspect, you are exempt.
https://www.dol.gov/whd/overtime/fs17a_overview.pdf
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