Some Tennessee Employers try to Escape Overtime by Paying a Salary
One of the most common overtime violations we see arises when an employer believes they can escape paying overtime by paying a salary. Unfortunately, many workers also believe this misconception. Put simply it is now how you are paid that determines if you are legally entitled to overtime but it is what you do.
In general unless you are exempt from overtime under the Fair Labor Standards Act (flsa) you are entitled to overtime pay when you work over 40 hours in a week. There are several exceptions but the most common exception is if you are a manager. This does not mean you are called a manager but that you act like a manager and have the authority of a manager. If you do not have manager authority you are likely entitled to overtime pay. This law applies not only to Tennessee but it is a federal law so it applies to all 50 states.
If you believe that you may be entitled to overtime pay, feel free to contact one of our Tennessee employment lawyers.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
