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Are Salaried Employees Entitled to Overtime?

By Jack Larkin –

As a very general rule, blue-collar employees are paid on an hourly basis, and white-collar employees are salaried. As a result, many salaried employees generalize that they are not entitled to overtime pay—if they’re salaried, they must be exempt, right?

That is not the case.  All workers are entitled to overtime pay, calculated at time-and-a-half, unless they are specifically exempted by statute. Those exemptions include (but are not limited to):

  • Any employee employed in a bona fide executive, administrative or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools)
  • Outside salespeople (not including retail establishment employees)
  • Professional fishermen
  • Casually employed babysitters

There are other more detailed exceptions. Moreover, even those exempted employees may be eligible for overtime pay if they make less than a certain threshold salary per year. If you aren’t being paid overtime (or aren’t paying your employees overtime), it may be time to discuss it with an attorney.

Jack Larkin is an attorney at Gawthrop Greenwood, PC, where he has defended major employers from claims by former employees. He also focuses his employment practice on plaintiffs’ claims. He is the head of the firm’s Litigation Department and focuses his practice on municipal and business litigation. Jack can be reached at jlarkin@gawthrop.com or 610-696-8225.

John E. D. Larkin

John “Jack” Larkin is a member of Gawthrop Greenwood’s litigation and criminal law departments. Civilly, Jack focuses his practice on financial and insurance matters. He leads the firm’s criminal department, where he offers clients the benefit of his experience as a former prosecutor. His published works have appeared in law journals at the Georgetown University School of Law, Vanderbilt Law School, the University of Florida Law School, and the American Journal of Trial Advocacy, as well as in the Pennsylvania Bar Association’s Bar Quarterly and At Issue publications.

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