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Am I not entitled to overtime because of the Executive Exemption?

Early mornings full of coffee, late nights eating take-out at your desk and lunches breaks that don't exist. Sometimes you feel like you live in your suit, and your spouse has rarely seen you in street clothes in months. You are putting in a ton of non-overtime executive hours at the office, trying to meet deadlines or increase sales.

While you make good money in your salaried position, you may be experiencing frustration at the fact that you are not being paid any overtime for all of the hours you are working outside of the typical 9am to 5pm office hours. 


But no matter how frustrated you may be, the cold hard truth is that unfortunately, you may have given up your right to overtime when you agreed to take on an executive position with your company. This is also called the Executive Exemption under the Fair Labor Standards Act.

Here are some common questions that can help you determine whether or not would be exempt from overtime as an executive. If you answer yes to these, then you are most likely not eligible for overtime:

• Do you make at least $455 in salaried pay each week?
• Does your pay stay the same each week, regardless of how many hours you work?
• Are you responsible for managing a specific department in the company?
• Do you oversee at least two employees or 80 hours of subordinate work each week?
• Can you hire, fire, or promote employees? Can you recommend that certain employees be hired, fired, or promoted?

If you still have questions about the Executive Exemption and overtime entitlement in Houston or are not sure if you should answer yes or no to one or more of these questions, order your free copy of the Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim by calling 888.449.2068. The attorneys at Kennedy Hodges, LLP can also provide you with a free consultation and case evaluation.