Minneapolis, MN asked in Employment Law for Minnesota

Q: Am I entitled to overtime?

I’m a restaurant manager in Saint Paul Minnesota, I make less than $45,000 a year I get Health and dental Insurance and bonuses, provided I meet certain goals. I typically work 50-55 hours a week, should I be receiving overtime?

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1 Lawyer Answer
Carrie Dyer
Carrie Dyer

A: Whether you are entitled to overtime depends on whether you are properly considered a salary-exempt employee under the Fair Labor Standards Act. If you are a non-exempt employee, paid on an hourly basis, then you should be receiving overtime (time and one half your regular rate of pay) for all hours worked in excess of 40 each week. However, if you are paid a salary of $45,000 per year, and if your duties exempt you from the overtime mandates (e.g. administrative, executive, or retail/service establishment exemptions may apply), then you are not entitled to overtime. You should consult an employment attorney to discuss your situation in detail to determine if you are being properly compensated.

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