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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33167
Experience:  JD, BBA, recognized by ABA for excellence.
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Good Morning. I have been asked by my supervisor to do some

This answer was rated:

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.

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 3 years 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

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 and other Employment Law Specialists are ready to help you
Customer: replied 3 years 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?

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

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

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