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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I work at a Marina, less hrs in the winter(last winter about

Customer Question

I work at a Marina, less hrs in the winter(last winter about 25 - 30 per wk) 6 - 7 days a week in the spring and fall. My yearly salary of 32000.00 is based on 2000 hrs. But I have worked a total of 629.25 hours over the 2000. I would expect to be paid for my overtime but not positive on the legal end of this?
Submitted: 2 months ago.
Category: Employment Law
Expert:  LawTalk replied 2 months ago.

Good morning Linda,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you an hourly employee or are you a salary exempt employee?

Doug

Customer: replied 2 months ago.
Salary nonexempt but it's never been identified either way
Customer: replied 2 months ago.
yearly salary of 32000.00
Expert:  LawTalk replied 2 months ago.

Hi Linda,

If you are positive that you are a non-exempt employee then I will answer your question---but if you are in fact an exempt employee then my answer will be incorrect for you.

1. If it has never been identified, then how do you know that you are a non-exempt salaried employee?

2. What do you do for the job?

3. Is most of your work supervisory in nature?

4. Do you have an advanced college degree?

5. Do you supervise 2 or more employees?

6. Do you make decisions as to hiring or firing of employees, or make managerial type decisions for your employer?

Doug

Customer: replied 2 months ago.
I entered it into the computer as non-exempt
Customer: replied 2 months ago.
I am the office manager over 1 person that I hired
Expert:  LawTalk replied 2 months ago.

I notice that you did not answer the other questions that I asked about your job.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Thanks in advance,

Doug

Customer: replied 2 months ago.
Forget the whole thing...I will remove the $5.00 from my credit card.
Expert:  LawTalk replied 2 months ago.

Hi,

You potentially have $10,000 to $15,000 of wages owed and you just want to forget this whole thing? I am asking all these questions because I am trying to help you---NOT because I want to waste your time, or mine. I've been handling employment law for more than 30 years and I can help you, but not without your cooperation.

Do you act in an Administrative capacity in a position that involved non-manual labor related to management and/or the general business operations of the employer that requires the use of independent judgment by you over important matters of the employer’s business?

Doug

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