:confused: Hi - First post here, but I'm really curious about this...

I'm considered a Salary Employee, yet I work TONS of overtime.

I know, by law, salary waged employees do not have to be paid for overtime, BUT...

What if I work SO much over time, that when I do the math of how much I REALLY make an hour, my hourly wage would be LOWER than minimum wage?

Is it LEGAL for an employer to allow this?????

Yes. It would.

For an exempt employee, anything to do with the number of hours you work is irrelevant with regards to your pay. You simply are not paid on the basis of how many hours you work or any criteria thereof.

Just a clarifying question - don't you have to be paid at least $455 per week in order to be classified as an exempt employee under the FLSA?

So based on my math that would mean the original poster would have to be working more than 88 hours per week to me earning less than minimum wage. Yikes! But if she's being paid less than $455 per week and is classified as exempt wouldn't this be an incorrect classification?

IF she is working less than $455, yes. She would have to be classified as non-exempt

But people do work 80 and 90 or even 100 hours a week. It's not outside the realm of possibility.

Besides, she didn't say this was happening. She presented it as a hypothetical.

Thanks for the reply. When it gets to more than 80 hours a week on a regular basis I'm outta there! :p

Many employers offer their salaried employees bonuses, paid vacation, etc. as additional compensation for those extra hours worked. Do you (tbl2006) get any benefits?

I don't get that for another year and a half

IF she is working less than $455, yes. She would have to be classified as non-exempt

But people do work 80 and 90 or even 100 hours a week. It's not outside the realm of possibility.

Besides, she didn't say this was happening. She presented it as a hypothetical.


It does happen - and it's happening to me. Next week I will work 83 hours as a store manager and yes, I will be making less than some of the cashiers when I break my "salary" (such as it is) down to what I would be paid hourly.

Anyone thinking of putting themselves in a position where this is not only possible, but *legal*, needs to understand that not only *can* this happen, it *will*.

In addition, because the company for which I work did not meet it sales goals for the past year, no bonuses were offered, even though one's own personal store did well and one worked 70-80 hours a week. Since there is a dearth of retail managers in my company - actually, in many companies, particularly the ones which pay poorly, there is no way to ever be compensated in time off for putting in so many hours - because there's no one to replace you.

Anyone considering a career in retail management needs to seriously consider these facts.

I can only offer my opinion to the situation at had. I recomend that you do some research on OT wages in your State, if you haven't done so already. Remember that just because your job is within Management, doesn't automatically disqualify you from OT wages. There are specific criteria that must be met by both the Employer and the Employee.