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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21419
Experience:  20 years of experience practicing law.
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Legal actions on employer

Resolved Question:

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.


 


Thanks

Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

 

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.

 

Thanks

Customer: replied 1 year ago.

I'm in Ohio, and my job is a Recruiter

Expert:  Samuel II replied 1 year ago.

Hello

 

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.

Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21419
Experience: 20 years of experience practicing law.
Samuel II and 9 other Employment Law Specialists are ready to help you

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