Many employees who are classified by their employers as “salaried Supervisors” or “supervisors” are entitled to overtime pay. Under the Fair Labor Standards Act (FLSA), employees are entitled to overtime wages unless they are determined “exempt” based upon their education and job duties. Many companies employ Supervisors for their business and do not pay them overtime wages despite being required to do so under federal law.
To determine whether a Supervisor is entitled to overtime, it is necessary to determine if they are really exempt under the law. This is a very case by case analysis. Key factors to determine whether a manger is entitled to overtime include:
- Two or more full time employees report to you for work assignments and oversight of their daily tasks
- The type work is really being performed regardless of the job description
- Being docked you pay if you miss time from work. If so, then you are not exempt from overtime pay because pay docking is inconsistent with your status as a “salaried” Supervisor or supervisor
- The percentage of your time managing employees and operations. Supervisors must spend at least 80% (in retail and service industries 60%) of their time in management duties. If you spend a large part of your work day performing at the cash register, preparing food orders or filling in for absent non-Supervisors, then you may not be a “true” Supervisor or supervisor and could be due overtime.
Other factors to determine if you are a “true” Supervisor include whether you:
- Set the schedules of other employees;
- Make decisions about hiring or firing employees; and
- Direct the work of at least 2 other full-time employees.
The FLSA requires employers to pay all non-exempt employees overtime for all hours worked over 40 in the workweek. Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime. Supervisors are often non-exempt are and therefore entitled to overtime pay, even if on salary.
In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training. If an employer does not include all of this time in the calculation of hours worked, it can result in the emergency medical technician not receiving all of the required overtime. The employer’s failure to pay required overtime to a Supervisor can result in a lawsuit for overtime pay.
If you believe you have been denied overtime pay, your best option is to contact an experienced attorney who can advise you of your rights under the FLSA and state laws. There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.
To determine whether you are eligible to file a wage claim, contact our experienced Supervisor Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case, or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.