Legal Question in Business Law in Tennessee

Re: Does Salary mean no overtime pay?

To answer your question requires an initial determination of the nature of your position. This is more than a simple statement of your job title, but requires an analysis of the functions of your employer and your job duties and responsibilities.

The reason for all of this additional information is that your question has touched on the issues controlled largely by the Fair Labor Standards Act ("FLSA"). The FLSA is an old and sometimes arcane piece of legislation with a myriad of regulations all of which go to answer the questions of are you entitled to minimum wage and when must an employer meet its overtime payment obligation.

Because of the complexity of this type of issue, you need to consult with an attorney to determine if your rights are being properly protected. There are currently a host of "class action" lawsuits against employers for failing to pay overtime to employees alleged by the employer to be management, but not performing management responsibilities. In fact, our office has recently successfully concluded one of these types of actions.

Whether you contact our office of some other attorney, I would recommend that you contact an attorney to review your situation. In addition, the DOL has an excellent source for information on the internet at www.dol.gov. If you would like further information you can contact me at [email protected].