Moreland Law Firm, P.C. - overtime
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I am paid a salary

We hear this a lot: “I am paid a salary. That automatically means I’m not entitled to overtime pay, doesn’t it?”

The answer is a clear no.

Even if you are paid a salary, that is only one of several factors that a court must consider in deciding if you have a legal right to overtime pay. First, under the current federal regulations (which are slated to change in the near future), you must be paid a set weekly salary. Generally speaking, that salary should not change from week to week no matter how many days you work, as long as you do some work. If you’re paid a “salary” that changes from week to week depending on how much you work, then there is a good chance you are entitled to overtime pay.

But, even if you are paid a salary, most often your legal right to overtime will be determined by the following factors: (1) whether you supervise any other employees, (2) whether it is your primary job duty to do management work, (3) whether you have discretion to make significant decisions for your company, and (4) whether you have the authority to hire or fire, or can make hiring and firing recommendations that others rely on.

If (1) you supervise fewer than 2 full-time employees, (2) primarily perform non-management work, (3) make few or no significant decisions for your company, and (4) have no authority to hire or fire, then there is a good chance you have a legally enforceable right to overtime compensation even if you are paid a salary.

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Moreland Verrett, P.C.
The Commissioners House at Heritage Square
2901 Bee Cave Road, Box L
AustinTX 78746
Phone: 512-782-0567
Fax512-782-0605

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Moreland Verrett, P.C.
700 West Summit Drive
WimberleyTX 78676 

Phone: 512-782-0567
Fax512-782-0605

Map & Directions