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Tina
Tina, Lawyer
Category: Employment Law
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I am a salaried manager, I never agreed to work, or was told

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I am a salaried manager, I never agreed to work, or was told at the time of hire, that I was requirred to work over time. 80% of my time at the job, is the same task as hourly employee, they get paid over time if they work over 40 hours yet I have never been compensated for my over time. And if I work less than 40 hours they make me use my vacation time. Is there a law against this.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Tina replied 11 months 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:

What type of work do you perform primarily? What is your salary rate?

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

Customer: replied 11 months ago.

I have the title of office manager of a physical therpy company i answser phones, schedule patients , verify insurance file, standard office work, and then I also data entry charges for the patients. my salary is 38.000 a yr

Expert:  Tina replied 11 months ago.
Hello again, Kathy, and thank you for providing this additional information.

It sounds as though the employer has misclassified you as a salaried worker when you should be paid hourly including overtime for hours exceeding 40 per week.

In order to qualify for the executive exemption from overtime, an employee must meet all of the following requirements:

  • The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
  • The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
  • The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
  • The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

While you appear to meet the salary test, the tasks you are performing would not meet the skills test typically, so the employer should be paying overtime.

 

Here is a link which sets out these requirements:

 

http://www.dol.gov/whd/regs/compliance/fairpay/fs17b_executive.htm

 

You may file a complaint with the DOL seeking an investigation and collection of back wages owed, but if you suspect the employer might retaliate against you, it would be best to retain a local attorney to represent you and who is prepared to respond to any action the employer may take against you.

 

 

 

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

 

 

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32448
Experience: JD, BBA, recognized by ABA for excellence.
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