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Overtime Eligibility Determined by Job Functions, Not Titles or Manner of Pay

Whether or not an employee is entitled to be paid time and one-half of his/her regular rate of pay for all hours worked in excess of forty per week is not determined by the employee’s job title or the manner in which the employee is paid.  Whether or not an employee is entitled to overtime compensation is determined by considering the job functions of the employee.  As such, even if an employee is designated a “manager” and/or paid on a salary basis, he/she may still be entitled to overtime compensation if his/her job functions do not meet the requirements of specific exemptions set forth by Congress and the Department of Labor.  Employees who are not properly paid their overtime compensation, moreover, may recover not only their unpaid overtime compensation, but also an additional amount of their unpaid overtime compensation as liquidated damages, as well as attorney’s fees and costs.  Furthermore, if the employer does not maintain time records for employees who are entitled to overtime compensation and who work overtime, the courts shift the burden to the employer to demonstrate that the employee did not work the overtime alleged.  Employees can go back 2 years to recover overtime compensation in non-willful cases, and 3 years in willful cases.