How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32721
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

Good Morning. I have been asked by my supervisor to do some

Customer Question

Good Morning.
I have been asked by my supervisor to do some extra work to help an employee of another department, with the promise of being compensated for that.
I accepted and started that extra work.
When it came to the time of being paid for that, the supervisors of my direct supervisor decided not to pay me stating that (even though it was allowed in the past) now I am not allowed to do extra work for another department and being paid for that.
My direct supervisor is then asking me to be directly "paid" for my extra work by the employee I have been helping, since my company is not willing to pay me.
I refused that.
I need to know if and to what extent what my supervisor is asking me to do (to be paid by another employee) is illegal or not, and what could be the consequences for my company if I report/denounce that.

Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Are you an hourly or exempt employee? Do you work for a private company or public employer?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

To answer your questions:


 


I work full time for a community college sponsored by the State of Texas. I am an instructor. When we work extra credit hours we are paid an "overload" (and that is how I was expecting to be paid).


 


I do not have to clock in and clock out, but I am supposed to work 37.5 hours/week

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation for me.

Since you appear to be an exempt employee, meaning you are paid a salary rather than hourly, the employer is not normally required to pay for additional hours worked beyond your standard 37.5 hours.

However, if they have a policy of compensating exempt employees through an "overload" system, then there would typically be grounds to pursue payment based on a breach of implied contract claim where they refuse to adhere to their own policy.

This would not constitute a wage claim which could subject the employer to penalties being assessed by the state, but a breach of contract claim which you would have to bring individually.

Instead of filing a lawsuit though, I would typically retain a local employment law attorney for the limited purpose of communicating a demand and negotiating a settlement of your claim, if you wish to continue working for this employer. It is generally not wise to file suit against an employer you wish to continue working for and retaining an attorney in this way is often the most cost-effective way to obtain a resolution and avoid the time and cost of pursuing litigation.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32721
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX did not answer my other question:


 


I need to know if and to what extent what my supervisor is asking me to do (to be paid by another employee) is illegal or not?

Expert:  Tina replied 1 year ago.
Hello again,

Given that you are an exempt employee, the employer can normally request that you perform other work and not be compensated, at least to the extent they are not discriminating against you on some protected basis such as race, gender, age, disability, or other protected status, and they are not violating their own policies, which can give rise to a breach of contract claim as indicated above.

My sincere apologies if I did not make that clear. If you were an hourly employee, you would typically have a wage claim as the request would be unlawful without compensation, but since you are an exempt employee, the employer can typically require that you perform additional work. There would be no duty on the part of the other employee to compensate you though normally.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
Tina
Tina
Attorney and Counselor at Law, Mediator
8108 Satisfied Customers
JD, BBA, recognized by ABA for excellence.