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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42871
Experience:  30 years in Employment law
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My husband and I work at a nonprofit as houseparents at a

Customer Question

My husband and I work at a nonprofit as houseparents at a community home. We are suppose to work 5 days with 2 off. However very rarely do we get days off. We are salary and so we don't get compensated. For instance we have had 4 days off in last 9 weeks. What can we do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

All you can do here is to file a complaint with The US Department of Labor.You can seek to have them reclassify you as an hourly employee.Also if you are earning less than minimum wage here for all the hours you are working they may well fine employer and reclassify you to an hourly employee.

As long as you are salary and until reclassified there is no limit on how many days or hours they can work you.I would file your complaint and you may also consider looking for new employer.You would still get back wages from any complaint you file even if you have changed jobs.

Here is where to file complaint with DOL..

http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

More on misclassification of employees.

http://www.dol.gov/whd/workers/misclassification/#stateDetails

I hope you will file here and seek to be reclassified as hourly employees.Long term you may also want to look for a new employer.They are taking advantage of you here.Thanks for the chance to help tonight.