I'm a manager and my employer is telling me that I'm exempt from overtime. Is this true?

 

A: Not always.

It is easy for employers to tell Texas managers and supervisors that they are exempt from overtime pay, since it may appear that the manager would fall under the Executive Exemption based on his or her job title. The Executive Exemption criteria requires the employee in question to make at least $455 per week, oversee at least two employees, have the ability to hire or fire, and manage a specific department of the company.

But if you are a manager at a gas station or retail store, you are well aware of the fact that your duties may include everything from changing the paper towel dispenser to folding clothes.

So to answer the question, the amount of time a manager spends performing managerial duties as compared to non-managerial duties needs to be analyzed in order for an overtime entitlement decision to be made.

The best way to do this is to have an experienced Texas wage law attorney sit down with you and discuss your job and all aspects of it.

The Texas wage attorneys at Kennedy Hodges, LLP do this for free as a service to the hard-working people of Texas, and would be happy to set up a free consultation with you. Call today at 888.449.2068.