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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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My boss works . At 50 hr a week but puts more than

Customer Question

my boss works for salary. At 50 hr a week but puts more than that. the co don't let him clock in. so there is no recorded. they clamed there based out of a other state a they follow that state rules. this is going on every were, this is one big Co. one say the they agree to this so you work, how many hours it takes to do your job. were are in SD but the Co. is in texes
Submitted: 6 months ago.
Category: Employment Law
Expert:  Legalease replied 6 months ago.
Hello there ---This is very common and legal all over the United States. Many companies employ their management and supervisory personnel and pay them on salary -- which exempts the company from paying them any overtime under the wage and hour laws in both Texas and South Dakota. The hope and theory of this is that the companies who use the SALARY method of paying their management and supervisors will pay these people a higher rate of overall pay to make up for the extra hours that they are working. Unfortunately, some companies try to take advantage of this and end up working such people to the ground all for one set paycheck every week or every month. The only time that your boss or anyone else who is being paid on salary would have a valid complaint against the company is if they are really working at a less managerial position and they are not really supervisors -- they do not have any true responsibility over anyone but the company sometimes lies and classifies such workers as being a manager or a supervisor so that they do not have to pay a regular hourly rate and regular overtime pay after 40 hours a week. Your boss and anyone else who believes that they are being taken advantage of can certainly contact the US Dept of Labor -- that services SD -- https://www.dol.gov/or by contacting the SD Dept of Labor and Regulation -- here is a link with local office info and telephone numbers -- -http://www.dlr.sd.gov/localoffices/default.aspx-Any person can telephone either department and ask to speak to an investigator and simply explain the situation and the duties of the people that are working for salary and the department can tell you or the person calling whether the employee should be getting paid overtime or not based upon their supervisory and job responsibilities. And you can get these answers without ever having the company know about it if you or other employees who make the call do not want the company finding out about the questions and inquiry made. -Please let me know if you have any additional follow up questions. If not, can you please press a positive rating above these chat boxes in the star rating section so that I will be given credit for my time assisting you. I do not receive any credit for answering you today unless you press the middle star or the fourth or fifth star to the right of the middle star in the ratings section above. THANK YOU VERY MUCH MARY

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