I regularly work 50+ hours per week but my employer says I am salaried and exempt from overtime. I make $42,000 per year. Is this legal?
Your employer may be violating federal overtime law. Under the FLSA, overtime exemption requires BOTH a salary threshold AND a duties test. The current federal threshold is $43,888/year. At $42,000 you are below it, meaning you are entitled to overtime regardless of duties or title. Your employer owes time-and-a-half for every hour over 40 per week. Your hourly equivalent: $42,000 / 2,080 = $20.19/hour. Overtime rate: $30.29/hour. At 10 extra hours per week, that is roughly $15,000 per year in unpaid overtime. Steps: 1) Start keeping detailed records of actual hours worked. 2) File a free wage claim with the US Department of Labor Wage and Hour Division or state labor board. 3) You are protected from retaliation. If fired for asserting rights, that is a separate violation with additional penalties. 4) Statute of limitations is 2-3 years, so you may recover back pay for up to 3 years.
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