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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29985
Experience:  Former judicial law clerk, lawyer
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I believe my boyfriends company is doing something illegal

Customer Question

I believe my boyfriends company is doing something illegal with their pay.
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: My boyfriend is catorgarized as a "salary employee" so he does not get paid time and a half for overtime. However, they still have to punch in and out for each shift and if it does not add up to 40 it is taken from his vacation. So even though he is treated as an hourly employee by stating salary they avoid paying overtime. On a biweekly check for most salary people it would be 80 hours. His checks come back a total of 120 hours, 40 hours of overtime and his check did not even increase by 100 dollars. He works the same shift and carpools with another employee and their punches are always hours apart when they clock in back to back. He was promoted and given responsibility and when he asked about compensation he was told he would have to sign other contract and that is too stressful and not worth it.
JA: Got it. The Employment Lawyer will know how to help you. Is there anything else the Employment Lawyer should be aware of?
Customer: For being treated unfairly he did put in his 2 weeks an is now being harassed by his boss.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your boyfriend's situation. What type of work does your boyfriend due? Is his salary more than $455/week?
Customer: replied 1 year ago.
He is in a metal fabrication department of a research company. He is salaried per hour.
Expert:  Lucy, Esq. replied 1 year ago.
Thank you. But what does he do? One of the three requirements that must be met for someone to not be paid overtime is that they do certain types of work, so I need to know what his job function is.A person can't be salaried per hour. They're salaried, or they're paid per hour. What is his weekly pay? I'm certain that the employer is doing something illegal, but I need more money to tell you exactly which law they're breaking.

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