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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 33156
Experience:  More than 30 years in legal practice.
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My wife is salary employee and this week her employer had

Customer Question

My wife is salary employee and this week her employer had her work total of 107 hours. Is there a limit on hours a salary employee works
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Pa
JA: Is the employment agreement "at will," union, full time or part time?
Customer: not sure on "at will" non-union, fulltime
JA: Anything else you want the lawyer to know before I connect you?
Customer: she been diagnos with MS
Submitted: 6 months ago.
Category: Employment Law
Expert:  Loren replied 6 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 6 months ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Assuming she is an exempt employee under FLSA, there is no limitation on her schedule and the employer can demand as much time from her as they want. If she has a written employment agreement specifying hours then that is enforceable. Otherwise, she may, if there are more than 15 employees, be able to ask for a reasonable accommodation under ADA due to her MS. She would want to ask for the scheduling accommodation in writing and include a note from her doctor.

Expert:  Loren replied 6 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 6 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 6 months ago.

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Thank you!

Loren