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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am a salaried employee,(office manager of construction office-almost 27 years). My sched

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I am a salaried employee,(office manager of construction office-almost 27 years). My schedule is 7:00a-3:30p M-F, no breaks, no uninterrupted lunch. My employer is talking about making me (other office personnel as well) work 50 hours a week, is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good afternoon and thank you for entrusting me to answer your question. I am very sorry to hear about these rather unreasonable demands placed upon you by your employer.

If you are "overtime exempt," your employer can require you to work any number of hours for the same flat salary. However, in order to be overtime exempt, your position must fall within a specific statutory exemption from the laws governing overtime and minimum wage.

The exemption most likely to apply to an employee in your circumstance is the exemption for "administrative" employees. According to the DOL, in order to qualify for the administrative employee exemption, all of the following criteria must be satisfied:

- The employee must be compensated on a salary or fee basis at a rate not less than $455 per week;

- The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and

- The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

See here for more information: http://www.dol.gov/whd/regs/compliance/fairpay/fs17c_administrative.htm

If you don't qualify for the administrative employee exemption and no other exemption applies (none likely would), then your employer can still require you to work additional hours but must pay you above and beyond your salary for that time.

With regard to rest and lunch breaks, Nevada employers must provide employees an unpaid meal period of at least thirty minutes when working for a continuous period of eight hours. Employers must provide employees a paid break of a minimum of ten minutes for each four hours worked or major fraction thereof. (Nev. Rev. Stat. 608.019.) See the law here: http://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec019

The only notable exception to the rest break and meal break requirement is in "situations where only one person is employed at a particular place of employment." (NRS 608.019(3)(a).)

Assuming you are not the only person employed at your particular place of employment, you would be entitled to lunch and meal breaks as described above.

An employer cannot retaliate against an employee who requests such breaks or file a complaint with the Labor Commission to ensure that such breaks are provided. The Labor Commissioner may also penalize the employer for failure to provide required breaks, though Nevada law does not specifically entitle employees to damages or penalties.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 7141
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other Employment Law Specialists are ready to help you

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