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I work for bjs. SALARY EMPLOYEE. I WORK OVER 40 HRS EVERY…

Customer Question
I work for bjs...

I work for bjs. I'M A SALARY EMPLOYEE. I WORK OVER 40 HRS EVERY WEEK. IS THIS LEGAL

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

NO

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

NOT SURE WHAT AN AT WILL EMPLOYEE IS. NOT A UNION MEMBER

Submitted: 5 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/10/2017
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,419
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks so much for your patience. Generally, it is legal for someone to work over 40 hours per week. The law permits this. The big issue is whether you are going to be entitled to any overtime pay. Under the Fair Labor Standards Act, if an employee makes less than $455 per week, even if they are salaried, they are entitled to overtime. Thus, the answer is yes, you can be forced to work over 40 hours, but you may be entitled to overtime, depending on how much you're paid. Did you have any other questions for me today? If not, were you satisfied with my service today?

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Legal Eagle
Legal Eagle
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Category: Employment Law
Satisfied Customers: 10,419
10,419 Satisfied Customers
Experience: Licensed to practice before state and federal court

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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).

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