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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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I live in Alabama and my employer is in Georgia. Started

Customer Question

I live in Alabama and my employer is in Georgia. Started working for this company 4/30/2015. I was hired as a salary employee and required to work 7 days a week and be on call each night. It's been almost 14 months and today I finally got a day off. Is this legal? My knowledge of this laws is not good and assumed that if you are salary they can work you as many hours and days as they want. I was just told that I am wrong and the company can not do this. Can you please tell me if this is correct and if not then can I get the back pay for time worked? I'm in transportation and that's a 50 hour work week.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, your assumption about being salaried is accurate. If you are appropriately classified as salaried exempt, they can work you as often as they like. You state has no rest requirement and even the states that do exempt salaried employees from that requirement.

The only way for this to be illegal is if you are improperly classified as salaried and you are an employee. If you don't do any sort of supervisory work or have no specialized education for a "professional" type of work, then the only way you can be paid a salary is if you are actually an independent contractor and not an employee. If none of these things are true, then you need to file a complaint with your state's Department of Labor, arguing that you are improperly classified. Then you would have to be paid hourly, with overtime. This is s protected complaint, meaning you can't be retaliated against for making it.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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