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Frequently Asked Questions


Question: Can I still receive overtime even if I get paid a salary?


Answer:  Yes. Many employees paid on a salary basis should still receive overtime. The reason is, in addition to being paid a salary, you must be performing a very limited number of job duties in order to be ineligible for overtime.


Question:  Can my boss deduct my overtime from my commissions?

Answer:  No. Overtime is a premium, paid in addition to commissions and bonuses. Your employer may not deduct your overtime compensation from your commissions or any other type of pay.


Question:  What is the current minimum wage?

Answer:  Federal minimum wage is $7.25/hr.  Missouri minimum wage is $7.35/hr.  Kansas minimum wage is $7.25/hr.  


Question: Can my boss make me work overtime?

Answer:  Yes, but generally, your employer must pay you time and a half for all hours worked over 40.


Question: Does my employer have to give me a break?

Answer: Under Federal Law, No. However, some states require employers to give their employees breaks. Regardless, breaks under 20 minutes are generally compensable time.


Question: Does my boss have to pay me for on call time?

Answer: It depends. You should contact an attorney to find out more information.


Question: I get paid commissions. Can I still get overtime?

Answer: Generally speaking, Yes. Call an attorney to find out more information.


Question: Is it ok to give compensatory time off (comp time) instead of overtime?

Answer: If your company is not a governmental employer, they may not use comp time in lieu of overtime compensation. Some governmental agencies can give comp time however. Call an attorney to find out more.

 

Question:  What are exempt and non-exempt employees?

Answer: Under the FLSA there are two types of employees based on duties and compensation: non-exempt employees and exempt employees.

Non-exempt employees are required by the Act to be paid time and a half for hours worked over 40 in a workweek.Exempt employees are, by the nature of their job, not eligible for overtime. Exempt employees are the exception to the general rule that all employees are eligible for overtime pay. Contact an attorney to find out more.


Question: Can I still get paid my overtime even though it was not approved?

Answer: Yes. Just because you didn’t get approved for the overtime doesn’t mean your employer doesn’t have to pay you for it. Call an attorney to find out more.