Employment Lawyers Can Answer Your Employment Law Questions
My questions is this, upon being hired for a salaried position I was told that the position is an 8-5 job. Of course I know that salary positions they do that so that they can get overtime out of you which is fine, but since working there I have averaged 67 hours per week. With that amount of time being committed I asked my employer to please move my salary from the 32,000 a year they are paying me to something to fit the amount of work I'm putting in. I have been given the run around, and they will not do anything to help. They have offered their opinions but non of the plans will go through and I'm at the point where I asked to be moved to an hourly position so that I can be paid overtime if it is worked.
I would like to know that would I have a case to be able to sue for the hours I worked on top of the I'm a disabled Vet and since working there my problems with that have flared back up.
Many times, a person on salary is not supposed to be a salaried employee.
Could you please give me your state and I can check into this for you.
I'm in Ohio, and my job is a Recruiter
Thank you. So the Fair Standard Labor overtime law, states that an employee can only be classified as exempt/salaried if they are in a supervisory position working and making decisions the majority of the time without having to consult with another employee or the employer.
Additionally, those persons generally have a degree, or some sort of specialized training such as an electrician, a nurse, a hairdresser, or even an executive assistant.
I suggest that if you feel you have been incorrectly classified as exempt in a salaried position you may consider contacting the Ohio Labor Board and discussing your exact responsibilities and duties with them. That way you will be able to determine if you should be getting overtime for the more than 40 hours you are putting in.
And, if so, you can file a complaint with the Labor Board and they will mediate to see if you get your retroactive pay.
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).