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(most of the time)

That means, even if you're on salary, you're owed

TIME-AND-A-HALF for ALL time spent working over 40 hours in a week

Your employer MUST pay you overtime unless one of the following applies to you:



You're an Executive - You're an executive if:

  • You earn a SALARY of $455 or more per week;

  • Your primary duty is running the business or a subdivision or department of the business;

  • You customarily and regularly direct the work of at least 2 or more full-time employees of the business; and

  • You have the authority to hire and fire employees, or you have significant influence over such decisions.



You're a Bona Fide Administrative Employee - This means:

  • You earn a SALARY $455 or more per week;

  • Your primary duty is performing office/non-manual work directly related to management or general business operations of your employer;

  • Your primary duty includes the exercise of discretion and independent judgment with respect to really important things.



You're a "Learned Professional" - You're a "learned professional" if:

  • You earn a SALARY of $455 or more per week;

  • Your primary duty is intellectual in character and requires "advanced knowledge" and the exercise of discretion and independent judgment;

  • Your advanced knowledge is in a field of science or learning; and

  • Your advanced knowledge required years of specialized intellectual study.



You're a "Creative Professional" - You're a "creative professional" if:

  • You earn a SALARY of $455 or more per week;

  • Your primary duty is being an artist.



You're an "Outside Salesperson" - You're an "outside salesperson" if:

  • Your primary duty is making sales; and

  • You regularly work away from your employer's place of business.



You're a "Highly Compensated Employee" - This means:

  • Your primary duty is performing office/non-manual work; and

  • You earn $100,000 or more per year (including at least $455 per week).



You're a "Computer Employee" - You're a "computer employee" if:

  • You earn a SALARY of $455 or more per week (or $27.63 per hour);

  • You're employed as a computer systems analyst, computer programmer, software engineer, or similar occupation;

  • Your primary duty consists of:

    • 1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;

    • 2) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on or related to user or system design specifications;

    • 3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or

    • 4) a combination of the aforementioned duties, the performance of which requires the same level of skills.

I earned a salary but didn't get overtime for time worked over 40 hours per week,

what should I do?


If you earned a salary but did not receive overtime for hours worked in excess of 40 per week, and you don't think the above exemptions apply to you, you may be owed thousands of dollars in unpaid overtime. 


If you prevail on your claim, you will be entitled to recover:

  • Back Pay (the unpaid wages owed to you);

  • An Additional Equal Amount of Back Pay (thus, totaling TWICE the amount of unpaid wages owed to you);

  • Interest; and

  • Attorney Fees & Costs incurred in pursuing your unpaid wages.


If you believe you have a claim, speak with an attorney immediately regarding your rights and options.


Call TODAY for a FREE consultation

(480) 382-5176

Find out if you have a claim



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