Is it true that if I get paid on a salary basis I am not entitled to overtime?

By Douglas Lipsky

No! If you are paid a salary you may have right to overtime. The law begins with the presumption that everyone is entitled to overtime and then begins carving out exemptions to that and if you qualify for one of those exemptions the employers allowed of pay you a salary regardless of how many hours you work. But if you’re outside when those exemptions your employer has to pay you overtime even if they’re paying you salary.

About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.