Managers and supervisors are not always exempt from overtime.

Under the Fair Labor Standards Act, there are certain criteria that could cause an employee in a management position to be exempt from overtime pay.

Referred to as the "Executive Exemption," the main criteria are as follows:

1. The employee makes at least $455 per week.

2. The employee manages or oversees a specific department of the company.

3. The employee supervises at least two full-time employees or at least 80 work hours per week.

4. The employee has the authority to hire, fire, or promote other employees.

But one question that is frequently asked of the Texas overtime lawyers at Kennedy Hodges LLP is, "I'm just a supervisor or manager, not an executive. Am I not entitled to overtime?"

Sometimes companies try to exempt supervisors or managers because they fit the above criteria. But often there is a definite line between a managerial position and an executive position, which would entitle a manager to rightful overtime pay. Many managers have a wide range of responsibilities or tasks to complete, and some of those tasks are ones that can easily be conducted by someone in a lower position.

It all depends on the manager's duties and the amount of time spent in a position of authority. Just because a manager oversees two employees per week, for instance, does not necessarily mean that the individual performs the same tasks as an executive 100% of the time.

As a general rule from the Department of Labor, if a manager does not spend 80% of the time conducting managerial duties, then he or she may not be exempt from overtime pay.

If you are a Texas worker not receiving earned overtime as a manager, there are certain questions that you can ask yourself and an experienced Houston wage law attorney to determine your entitlement to time and a half. Let's take a look at what they are:

- How often do I have the chance in my job to make decisions?

- What is my relative freedom from supervision?

- How important are my managerial duties compared to my other duties?

- What is my pay for non-managerial work compared to the other employees?

If you are in a position of management and you are being told that you do not qualify for overtime pay because you fall under the Executive Exemption, it is worth asking a lawyer to review your position and duties in order to determine if this is true.

Employers do not always classify employees correctly, and that could mean thousands of dollars of pay being left out of your paycheck. To find out more about the Executive Exemption as well as other guidelines under the Fair Labor Standards Act, order a free copy of our book Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim by calling 888.449.2068 today.

Written by the wage law attorneys at Kennedy Hodges, this book is full of instances where people in certain professions were not paid fair wages for their work. Don't let this happen to you. If you have any questions, don't hesitate to take advantage of a free consultation by filling out our confidential online form to have an attorney contact you immediately.

The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.