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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118175
Experience:  20+ Years of Employment Law Experience
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How many hours can an employer demand of a salary employee

Customer Question

How many hours can an employer demand of a salary employee in Kansas. I am a supervisor being made to do production work when the company is behind, no hourly employees are allowed overtime.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the Fair Labor Standards Act the exempt employee (salary) status is designed to be favorable to the employer, not the employee. Thus, absent some written employment contract to the contrary, the employer of the at will employee who is on salary can make the employee work as many hours as required to get the job done without any additional compensation. In at will employment, absent contracts to the contrary, the employer has the right to set the times and dates they need the employee to work and the employee must do so.
Customer: replied 1 year ago.
I am a supervisor with my supervisor duties removed. I can not hire, fire, I do not do reviews, I have no employees that report to me. my duties have been changed to production work only and training. How is that a salary based position? I do the same work as the hourly employees.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So you can challenge your classification as exempt. In order for you legally to be an exempt employee under FLSA, you must be a manager, professional employee, computer employee or purely administrative employee. If you are no longer management and have no duties involving hiring, firing, discipline of subordinates, then it is likely you are now misclassified as an exempt employee and you can file a complaint for misclassification with the KS Department of Labor Wage and Hour Division or with the US Department of Labor Wage and Hour Division. The employer cannot keep you as a exempt employee if your duties no longer fit into the categories established under FLSA and if wage and hour finds you were misclassified, then you would be entitled to overtime pay for all of the hours you worked while misclassified plus an amount equal to that amount as damages and also attorney's fees.