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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41013
Experience:  30 years in Employment law
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I work company, incorporated in Boston MA. My office

Customer Question

I work for a company, incorporated in Boston MA. My office is in Texas. I am a supervisor with 9 direct reports on salary. I am required by my employer to fill out a time card weekly and choose to work more than 40 hours every week, which i record on my time card. I do not get paid overtime because I am a salaried employee. I get paid bi-weekly.Is it legal for my employer to require a time card? Since they are getting my exact time, Am I in title to overtime?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. Employer can require a time card.If you are a salaried employee and you average more than the minimum wage for total number of hours, then it is legal for them to work you over 40 hours without overtime.Overtime here is limited to hourly employees or if you are on salary but the total time takes you under minimum wage you would have right to file a wage complaint. I understand your frustration in this matter.The law truly needs to be changed,many companies pay a salary and then overwork managers.It is possible for an employee manager to challenge classification here if you do not supervise others or truly act as a manager.There have bee several of those type of suits that have been successful recently. President Obama has implemented some rules in this area, here they are.
Expert:  Ray replied 1 year ago. Suits in this area BIG CHANGES COMING IN JULY HERE SO WAIT AND CONSIDER A LAWYER AND SUIT THEN IF YOU FIT UNDER HTE NEW RULES. Department of Labor is expected to issue new rules that raise the eligibility ceiling for overtime pay from its current $23,660 annually to as high as $50,440. A broader definition of who’s entitled to overtime pay, even at a salary that’s lower than the new dollar threshold. Currently, the standard is what someone’s main duties are, not how much time they spend on other tasks. A store manager who puts in some hours stocking shelves or helping customers, for instance, still qualifies as a manager—and is thus exempt from overtime pay—because managing other employees is his or her main job.But the new DOL rules could replace the so-called primary-duties test with what’s known as the California Test (named after the Golden State’s overtime law), which says that someone who spends more than 50% of his or her time on non-exempt tasks is eligible for overtime pay even if his main job is usually considered exempt. In other words, a store manager who stocks shelves or serves customers for more than half her time would be entitled to overtime, whether or not her salary meets the new higher threshold. Again this may give you a suit here in July if you want to challenge the employer under new rules in court and with a DOL complaint too. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 1 year ago.
California case using California law to be adopted by the DOL soon
Expert:  Ray replied 1 year ago.
I think you may well have a good claim in July when the DOL rules and law change.There are going to be many lawsuits at that point.