One of the most frustrating experiences is being denied overtime when an employee feels they are entitled to it. Some people get “promotions” that suddenly require them to work 50 hours for a nominal raise that actually puts more stress on them and their family than it is worth. If these extra ten hours were time and a half, however, the employee would gladly take on the additional hours. So just who is exempt from these laws?

Just because you may suddenly have a title like “Assistant Supervisor” doesn’t mean you are suddenly exempt from overtime. Instead, the onus is on your employer to prove that you meet certain conditions. According to the Fair Labor Standards Act, a person is generally exempt from overtime if they meet ALL of the following conditions:

• Regularly supervises two or more employees;
• Has management as the primary duty of the job;
• Has genuine input in the job status of other employees.

In other words, if you work as a shift member for 30 hours and work as an “Assistant Supervisor” for 20 hours a week, this may not be exempt. Since managing other employees is not a primary function of your position, the title would be meaningless as it relates to overtime exemption.

Likewise, the managerial roles must be more than mere supervision. Instead, an exempt employee needs to do things like assign jobs or responsibility, interview potential employees, plan budgets, set hours, and more. If you find that your job does not meet these requirements, it may be time to speak with an employment lawyer about receiving back overtime for work performed.

If you have dispute about overtime pay, an employment attorney at Doumar Martin PLLC can help. We have helped clients throughout Arlington and the Washington, D.C. area get the pay the are rightfully owed.  For a consultation to discuss your employment law issue, contact Doumar Martin PLLC today.