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I worked for a small business and I worked 42 1/2 hours at…

Customer Question
I worked for a...

I worked for a small business and I worked 42 1/2 hours at $14 Idid not punch a time card, when I started working there I was told I didn't have to. My boss paid for our lunches because we worked through lunch but then he later took the paid lunches away because he said he couldn't afford to feed his family so he wasn't going to pay for the lunches. Am I entitled to overtime even though I was an office worker

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

I was the HR person and he said he was not entitled to pay office help overtime

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

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have quit the job due to the way I was treated and I was having anxiety attacks at work everyday

Submitted: 3 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/22/2018
Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Since you were required to work through lunch, that time doesn't count as a break. The employer does have to pay you overtime for the 2.5 hours each week that you went over 40 hours. If you can tell me what state you worked in, I can get you more information on collecting the amounts you're owed.

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Customer reply replied 3 months ago
I was employed in Pennsylvania. I was told that since I was administration I was exempt from being paid overtime
Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago

There are three tests that must be met before a person can be considered exempt from minimum wage and overtime laws. First, you have to be paid a set salary, which means that you get the same pay whether you work one hour or 100 in a given week. That salary has to be at least $455/week. (That amount was raised last year, but courts have put enforcement on hold.)

The third part of the test is what sort of work you do. One of the types of work is called "the administrative exemption," but that doesn't apply to all office workers.

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Employment Lawyer: Lucy, Esq., Lawyer replied 3 months ago

You might be exempt as an Administrative employee if you performed:

(a) office or nonmanual work, which is
(b) directly related to management or general business operations of the employer or the employer's customers, and
(c) a primary component of which involves the exercise of independent judgment and discretion about
(d) matters of significance.

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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.

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