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Lucy, Esq.
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I was put (without a choice) on salary about a year ago at

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I was put (without a choice) on salary about a year ago at my job. I was told I was expected to work 50 hrs a week. If I miss any of that time, even five minutes, they dock my pay. Yet, they schedule me for 58 hours a week at times and I'm expected to work this without any compensation. Is this legal? Also, they schedule me to close (say 9:30/10:00 p.m.) and the next morning have me coming in at 5:30 a.m. for another 10+ hour day. Is this legal? What are my rights and or law concerning this. This is non union. Thank you, D
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

No, it's not legal. If you are an exempt employee, you're entitled to your salary each week, regardless of whether you work 1 hour or 100 hours. If you're not an exempt employee, you must be paid at least the minimum wage for all hours worked, and you must be paid overtime for hours worked over 40 in a given week. So, they can't both dock your wages if you work less than 50 hours per week and avoid paying you overtime. They're trying to get the benefits of both a salaried employee and an hourly employee, and they can't do that.

To be classified as an exempt employee, you must meet certain requirements:
1. Your salary is at least $455 per week.
2. You are paid the same salary, no matter how many hours are worked; and
3. You perform exempt job duties - that's typically executive or managerial duties, or professional duties. This site has a good explanation of what these duties are and how to find out whether you are exempt or non-exempt:
http://www.flsa.com/coverage.html

Either way, they either owe you for amounts docked or overtime worked and unpaid. You can file suit in small claims court, or contact the local Wage and Hour Division of the U.S. Department of Labor. They'll give you more information on the process.
http://www.dol.gov/whd/america2.htm#Louisiana
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19866
Experience: Lawyer
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