New York Employment Lawyer Blog

Here is the single greatest myth in today's workplace:

"I am not entitled to overtime pay because I am a salaried employee."

Employees across the nation are being duped by the millions. People who are legally entitled to overtime pay for their extra work are being ripped off. Salaried employees are entitled to overtime pay. The fact that a person is paid a salary is irrelevant.

Under the overtime pay laws, each employee is presumed to be entitled to overtime pay. Certain kinds of employees are exempt from the overtime pay laws. Typically, these three kinds of employees are exempt from overtime pay:

- Professional employees such as doctors, lawyers and other over-educated pinheads
- Executive employees such as managers or top level company officials
- Administrators who handle key company operations

Those are the three major categories of exempt employees. There are other specific exemptions that apply to certain trades such as truck drivers, certain computer workers or student nurses. Here is a table of overtime exempt jobs in California. But other than those listed as exempt, the law assumes that employees are entitled to overtime pay.

The fact that an employee is paid a salary is generally irrelevant. But, a myth has been created in the American workforce and most people who are paid a salary believe that they are not entitled to overtime pay. This misunderstanding saves corporations millions and cheats American workers out of their pay. It is wage theft - stealing money that is earned and owed to the workers who put in the hours.