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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I am salaried I work in an engineering department for

Customer Question

I am salaried I work in an engineering department for T-mobile. When Naturals disaster occurre my department is combined with the Operation department (paid hourly) to do disaster recovery efforts.
operations ( paid hourly) are around 80 employees and engineering(paid salary) are like 30. For example with hurricane Mathews we were assigned to work 12 hours shifts for Saturday and Sunday, and that happens every year for hurricane season. I already work way over 40 hours a week so how can I find out if i have to work on disaster recovery if I am not being paid unlike my peers from the operations team
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months 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.

You could argue that you are being paid a salary rate and being asked to do work that does not fit into the salaried category. That would be the true issue here. What others are being paid is legally irrelevant to your situation. Nothing in the law requires everyone be paid the exact same manner when they are doing similar work.

What matters is if the work that you were doing could legally be considered salaried exempt work. If you were working with this other department, but were still primarily working in the area related to your engineering function, then you are properly being paid as salaried exempt and aren't entitled to any different form of pay. If you were being asked to perform the same functions as all the hourly employees and had no supervisory capacity, you could argue that you were improperly paid.

You'd make that argument by filing a wage and hour complaint with your state's Department of Labor. It is a legally protected complaint, meaning you can make it without facing retaliation.

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 three, a four or preferably a five star 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.

Expert:  Allen M., Esq. replied 9 months 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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