Can salaried employees be made to work 12 hour days on a regular basis without comptime or other compensation except agreed salary
Hello and welcome,What type of work do you perform for the employer?Do you have a contract with them stating a number of hours the salary is based on?
My son works in area of construction management. Job started @ 8hrs per day then moved to location of construction. Told he needs to be there 11 1/2 hrs to 12 hrs per day 5:45 am to 5:45 pm every day. Part of management team
I see.Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act normally.A job is classified as an Executive position if the full-time responsibility is management of two or more employees. The employee must spend no more then 20% of their time doing other activities (or 40% in a retail environment), and their job should be a salaried position.If these requirements apply to your son's situation, then the employer would not typically be required to pay him overtime no matter how hours of work are demanded of him unfortunately. It is an area where employers do sometimes exploit employees.Here is a link that sets out these and other exceptions to the overtime rule:http://www.minimum-wage.org/overtime/virginiaIf you son does not fit one of the acceptions to overtime listed in the attached link, then the employer would normally be required to pay him overtime for all hours he works in a week exceeding 40.
Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.
Thank you and all the best to you,
If you experience technical problems, please let me know or contact firstname.lastname@example.org
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).