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The Houston fair overtime lawyers at Kennedy Hodges, LLP recognize this, which is why we urge you to take a look at your position if you are being told by your employer that you are exempt from overtime pay.
Some employers try to say that managers are ineligible for overtime due to the Executive Exemption under the Fair Labor Standards Act. According to this exemption, if a manager is making at least $455 per week, is overseeing a specific department of the company and at least two full-time employees per week, and has the authority to hire and fire, then that employee is considered an Executive and thus ineligible for overtime.
But in general, if the employee is performing the above managerial duties for less than 80% of the time, then this exemption may not apply.
For example, let's take a look at some of the non-managerial tasks that different supervisors are required to perform:
- Using a cash register;
- Cleaning the store or break room;
- In restaurants, filling in if a server, bartender, or cook is sick;
- Prepping food or cleaning the restaurant kitchen;
- As a gas station manager, stocking shelves, emptying trash cans, or making coffee.
If you are being told by your employer that you are exempt from overtime, but do not believe that you meet the qualifications of the Executive Exemption, enlist the help of an experienced Houston, Texas overtime wage attorney at Kennedy Hodges, LLP.
Call us today at 888.449.2068, and we will provide you with a free copy of our book, Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim , as well as a complimentary case evaluation.
Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, as well as a complimentary case evaluation.
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