More details to this question:
To avoid paying overtime, my employer pays me on salary and slaps the title "manager" on almost everyone. I am a manager, yet I have no decision making authority, nor do I supervise anyone. Yes, we all signed a job description that says we will not be paid for overtime because we are exempt as managers. The description does not reflect the actual job duties. They also do not allow us to report the actual time we worked, required to travel from site to site, and constantly threaten to "dock" our salaried pay and have already taken 1 hour away from me with no explanation other than they are allowed.
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The job description is of little importance because actual duties are what matter legally. You must be paid for all overtime hours unless you are exempt. To be exempt, you must meet all requirements of one of a number of exempts. It appears your employer is trying to claim the executive (managerial) exemption for you. There are several requirements to meet this exemption. The most important are:
1. Salary of $455 per week;
2. The primary duty must be managing (as defined by law)
3. Manage at least 2 full time exmployees (or their equivalent);
4. Have the authority to hire and fire or have his/her recommendations on hire, fire, promotions etc. be given particular weight.
If any of the above do not apply, then you are no exempt under the executive exemption and you should consult with an attorney.
Answered on Apr 08th, 2015 at 12:20 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.