One of the exceptions to the general rule that an employee must be paid time-and-a-half for all hours worked in excess of 40 under the Fair Labor Standards Act is a "managerial" exception. If you are paid on a salaried basis (which means that you earn at least $455/week and your salary is not reduced for quality or quantity of work performed), and your position fits the other regulatory requirements of a "managerial" position, then you are not entitled to overtime pay, regardless of the number of hours a week that you work.
However, if you are not paid on a salaried basis, or the actual day-to-day tasks that you perform are not managerial-type duties, then you may have a claim for unpaid overtime on the basis of a misclassification as an exempt employee.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
(610) 565-3700 x 271
mdavey@eckellsparks.com
Answered on Oct 22nd, 2012 at 9:13 AM