Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I work for a church as an admin assistant. I have documented

Customer Question
in detail working a lot...
I work for a church as an admin assistant. I have documented in detail working a lot of hours that were never paid for by the church in march and April and have proof that both of the people who are my supervisors (the pastor and staff parish committee head) have seen these hours multiple times as well as it being a discussion in meetings I have called with both of them. I gave my 2 week notice 2 weeks ago on Thursday, but agreed to sit down with them today to train them on how to do my job. Do they have to pay me for the hours that I can prove I worked and was not paid? Since all of these hours were not regular office hours, do they have to pay me overtime?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: The previous secretary filed a complaint against them with the texas workforce commission
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 24 minutes by:
8/24/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
Experience: Employment/Labor Law Litigation
Verified

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.

The only way that you would not be entitled to additional pay for additional work is you were correctly classified as a salaried exempt employee. You would have to have been paid the current salaried exempt payment of at least $23,660 annually. You would have to not have deductions made from your pay for days that you worked less than your full shift. Finally, your job duties themselves would have to meet the administrative exemption test.

You haven't mentioned your pay scale or touched on the deduction from pay issue. If you were treated as hourly when you missed time, then legally you aren't a salaried exempt employee. If you didn't meet that salary threshold, you aren't salaried exempt.

The more difficult issue is the job duties test. I do not believe it applies in your situation, but you can read about it here.

https://www.dol.gov/whd/overtime/fs17c_administrative.pdf

I believe that you would not have been able to act with sufficient autonomy or authority to meet the standard and that, because of that, you are entitled to additional pay and even overtime for hours you worked over 40 in a week. If the employer won't provide that, then you can file a wage claim with the Texas Workforce Commission.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer 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.

Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
19,342 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,342 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Employment law in Florida. I had an agreement with my
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses. Employer says that the request is for 2016 and refuse to pay now that I don't work there anymore. Wh… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
I have an employment law question regarding being off (with
I have an employment law question regarding being laid off (with my co-worker) after we both made internal compliance complaints that resulted in numerous terminations and a lengthy investigation.… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
My employer wants to forcibly deduct the cost of repairing a
My employer wants to forcibly deduct the cost of repairing a fleet vehicle from my wages. I work on the road. We are not allowed to drive our personal vehicles. I wasn't in a wreck. The drivers side d… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
A salary exempt employee works a 40 hour work week. If that
A salary exempt employee works a 40 hour work week. If that employee typically works 5 - 8 hour days however on occasion the schedule requires night meetings resulting in 10 hour days or even 12 hour … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about employment law and wrongful
I have a question about employment law and wrongful termination. I was fired because of the content of a recorded conversation. I did not consent to any recorded conversation or audio devices in my place of work; they were hidden. I am wondering if I was wrongly terminated. (I am in california, by the way) … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it ok to deduct from a salaried employee's pay if they
second opinion] Is it ok to deduct from a salaried employee's pay if they take the day off and don't have any accrued PTO remaining? Or are we required to "borrow" PTO against future accruals?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
If an employer fails to deduct medical insurance from an
If an employer fails to deduct medical insurance from an employee's check for almost a year, then finds the mistake, it is legal for the employer to deduct a double premium from an employees paycheck?… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
My employer is trying to deduct, without written permission,
My employer is trying to deduct, without written permission, monies from my paycheck that they say was overpayment from 2 years ago. This paycheck is also over two weeks late. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
Can an employer deduct pay for an exempt employee who used
Can an employer deduct pay for an exempt employee who used all of their PTO? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
I am a Salaried exempt employee in Tennessee. If I am sick
I am a Salaried exempt employee in Tennessee. If I am sick or out for any reason I am required to use a vacation day. Even though I may still take work phone calls and work out issues from home. This … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,342 satisfied customers
Im looking for a lawyer specializing in employment law for
im looking for a lawyer specializing in employment law for unlawful termination … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
My employer is trying to deduct my wages for a bus ticket
My employer is trying to deduct my wages for a bus ticket home. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Although there is a Federal minimum wage on salaried
Although there is a Federal minimum wage on salaried employees. Does the law apply in the state of Texas? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Can an employer deduct part of my wages other than standard
can an employer deduct part of my wages other than standard deductions, that are not court ordered? … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Can a Kentucky employer deduct the amount of its overpayment
Can a Kentucky employer deduct the amount of its overpayment to an employee from a commission or bonus check? Does the employer need to send the commission/bonus check in whole and attach an agreement… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
I believe I am miss catagorized as a salaried exempt
I believe I am miss catagorized as a salaried exempt employee and have been denied overtime even though a co-worker with the same title and responsibilities was paid overtime. How do I know if I am be… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can employers force a certain group of salaried exempt
Can employers force a certain group of salaried exempt employees to sign one year contacts? We all have been working for many years without contracts. The worry is that the employers can simply not re… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in the state of IL, am a salary, exempt employee and
I live in the state of IL, am a salary, exempt employee and get paid on the 15th of each month. I gave my notice that my last day would be Monday March 20th however; due to a conflict with my manager,… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x