Is overtime pay potentially available to employees with duties that are both managerial and non-managerial?

Is overtime pay potentially available to employees with duties that are both managerial and non-managerial?

• A. True
• B. False
• C. Only for salaried employees
• D. Only if they work more than 60 hours.

Answer: (A)

Overtime eligibility depends on exemption status, not just whether someone does managerial tasks. If an employee performs both managerial and non-managerial duties, the employer must determine the primary duties and whether the person meets the exemption criteria. If the primary duty is not managerial (or the employee doesn’t satisfy the exemption tests such as authority to hire/fire, supervisory responsibility, or salary basis), the employee is non-exempt and eligible for overtime. Even when someone has some managerial responsibilities, overtime can still apply if the exemption isn’t met. So overtime pay can be available in mixed-duty situations. The other options misstate the rule by tying overtime to being salaried or to a fixed hours threshold that isn’t the general determinant.

Overtime eligibility depends on exemption status, not just whether someone does managerial tasks. If an employee performs both managerial and non-managerial duties, the employer must determine the primary duties and whether the person meets the exemption criteria. If the primary duty is not managerial (or the employee doesn’t satisfy the exemption tests such as authority to hire/fire, supervisory responsibility, or salary basis), the employee is non-exempt and eligible for overtime. Even when someone has some managerial responsibilities, overtime can still apply if the exemption isn’t met. So overtime pay can be available in mixed-duty situations. The other options misstate the rule by tying overtime to being salaried or to a fixed hours threshold that isn’t the general determinant.