I currently manage an indoor inflatable facility where we do childrens birthday parties, year-round. I have been here 2 1/2 years and have always been expected to exceed 40 hours/week with no overtime pay. I was told by my boss that because I am paid salary, I do not get overtime pay. I make $454/week before taxes. Is this right?
Maybe. A salaried employee does not receive overtime pay if she (1) is paid at least $455 a week; (2) manages at least two full-time employees or their equivalents, and (3) has the authority to hire/fire/promote/demote, or her recommendations are at least given "special weight."
First, if you are truly being paid $454 a week, you are overtime eligible. I suspect you are actually being paid $455 a week, but recheck your paystubs closely. If your pay is even a penny short of $455 per week, you should be receiving overtime for all hours over 40.
Second, even if you are being paid $455, you may be overtime eligible if your primary duty is not really managing others, but doing manual work or dealing with the children. Same is true if your boss does all the hiring and firing, and you have little or no say in that process.
This is a complicated question and often depends on a lot of nuanced facts. I would contact an employment attorney -- many will offer a free initial consultation. You could be eligible for back overtime pay for the entire time you have been working, plus statutory penalties and attorneys' fees.
This answer is based solely on the facts in the question, and could change if additional facts are known. It is not legal advice and does not create an attorney-client relationship. Legal rights have strict time deadlines, and you should seek the advice of an attorney as soon as possible to protect whatever rights you may have.
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