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Can salaried employees be made to work 12 hour days on a regular

Resolved Question:

Can salaried employees be made to work 12 hour days on a regular basis without comptime or other compensation except agreed salary

Submitted: 10 months ago.
Category: Employment Law
Expert:  Tina replied 10 months ago.

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?

Customer: replied 10 months ago.


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

Expert:  Tina replied 10 months ago.

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/virginia

If 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.

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Thank you and all the best to you,

Tina

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Tina, Lawyer
Category: Employment Law
Positive Feedback: 97.9 %
Satisfied Customers: 27568
Experience: JD, BBA, recognized for excellence in this area of law.
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