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My pay status was changed from an hourly wage to salaried

Customer Question
over 6 weeks ago. My...
My pay status was changed from an hourly wage to salaried over 6 weeks ago. My paper trail with company proves that I have never worked a forty hour week. I am expected to cover any and all shift that my employees call out for, which results in my working at least 15 or more hours overtime. I also take work home because of the nature of my job. I am a Food Service Director that is required to do a substantial amount of paperwork, which I have a hard time finding time to do since I am a full-time cook as well. I don't think this is legal. The company is trying to save money, but I end up working for free at least fifteen hours a week.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Georgia. But I thought there was a federal law passed in 2016 outlining parameters for non payment of overtime. I certainly don't make $914 a week, so I don't think I qualify as exempt from receiving it.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Georgia is an at will state as far as hiring goes, but I am not union, just full-time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: All I can tell you is that I am now getting paid for my hourly rate times 40 hours, when I clearly work at least 55 hours a week. I am tired of working for free for these extra hours. I don't even want to work more than 40 hours a week, but because of staff fallout and administrative reports required, I just cannot work within a forty hour week
Submitted: 1 month ago.Category: Employment Law
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Answered in 8 minutes by:
11/6/2017
Employment Lawyer: Gerald-Esquire, Lawyer replied 1 month ago
Gerald-Esquire
Category: Employment Law
Satisfied Customers: 4,403
Experience: 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 1 month ago
I never signed any agreement stating that I was in agreement with this change to salaried made by the corporate office. Why would I, knowing that I had never worked a normal forty hour week?
Employment Lawyer: Gerald-Esquire, Lawyer replied 1 month ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This issue falls under the federal Fair Labor Standards Act. Under this law, unless in an "Exempt" position, an employee who works more than 40 hours per week is entitled to time and a half overtime pay for hours worked beyond forty hours in a work week.

Even if you are in an exempt position, if you are also doing non-exempt work you are also entitled to overtime.

Based on your description of your duties, the closest exempt category would appear to be Executive, administrative, professional and outside sales employees. But since you are also working as a Cook the category likely does not apply.

You may wish to file a complaint with the Federal Department of Labor. See:

https://www.dol.gov/whd/howtofilecomplaint.htm

Also see:

http://webapps.dol.gov/elaws/whd/flsa/overtime/info.htm

Georgia does not have a state agency and relies on the federal enforcement.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Employment Lawyer: Gerald-Esquire, Lawyer replied 1 month ago

I must go offline. If you have any follow up questions I will respond tomorrow.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 4,403
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