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I work for a non profit organization. Am a salary employee.

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I work for a...

I work for a non profit organization. Am a salary employee. Manage 6 disabled clients ‘ homes. I have a Director and executive director I must as permission when making decisions in my homes. Sometimes when I cannot get coverage in a home, I must go work. One 2 week period I worked over 40 hours in overtime, sometimes working overnight and 13 consecutive ours. Should I be paid overtime and double time? They think because I am salaried, I must work that for free. One manager worked 32 hours consecutively this last weekend and then her regular 40 hour week this week. There is more, but let’s begin there.

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

No. HR knows we work hours like this.

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

No union

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

They also expect us to be on call on some weekends where we are to carry the on call weekend phone and answer phone calls 24/7. We cannot go anywhere while on call because we might have to go in to work. We complained about it so the said, we will give you $50. We are on call from 5:00 to 8:00 am Monday through Thursday for our own clients.

Submitted: 3 months ago.Category: Employment Law
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Answered in 2 minutes by:
3/22/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,288
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 3 months ago

Thanks very much for your patience. Could you tell me whether you make less than $455 per week gross?

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Customer reply replied 3 months ago
I make the $47,000 a year that must be paid if you are salary.
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see.

So, the Fair Labor Standards Act (FLSA) requires that employees are paid a minimum wage and overtime pay; however, Section 13(a)(1) of the FLSA has an exemption to the minimum wage and overtime pay if an employee is employed as bona fide executive, administrative, professional and outside sales employees.

To be exempted, the employees must meet certain criteria including:

  1. Their job duties must be consistent with that of an executive, administrative professional, or an outside sales employee; and

  2. They must earn more than $455 per week

What this essentially means is that if a person is CEO, an administrative assistant, a customer service representative, and they get paid less than $455 per week, they’re entitled to overtime and a minimum wage. Some states don’t set their own rules regarding overtime and others do. To check on your specific state, you’ll want to click here.

Based on what you provided, it seems like you probably make too much money to be paid overtime wages under the Fair Labor Standards Act. Thus, unfortunately, although it's probably a huge pain, I don't see the employer having a legal obligation to pay you more. I'm very sorry.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
If I am on call, 5:00 pm to 8:00 am so now I am working 24 hours a day, doesn’t that make my hourly wage go down below minimum wage?
Also I work for the county as an ihss worker for 3 of my clients and they are telling me I cannot do this???? Can they tell me who to work with when it is another company I work for?
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

So, the downside is that if you are a salaried employee, your employer could technically make you work 24 hours a day. Even if you are an hourly employee, your employer could make you work 24 hours a day, but they must pay you overtime for those additional hours. The employer is just required to keep a reasonable safe workplace free of discrimination and pay you the wage that you agreed upon, with at least a minimum wage and in accordance with any overtime rules or exceptions.

As far as your sub issue regarding the clients, could you clarify that for me?

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Customer reply replied 3 months ago
If my staff calls in sick for a shift and I don’t have staff to cover, I have to go in and work the shift at the client’s home. Some shifts could be all weekend.
I signed up to work for in home supportive services through the county so if I do coverage, I can get paid some hours (minimum wage). My company will not pay me for working all these extra hours because I am salary. But then they also expect me to work in the office along with the extra coverage I was working the night before or weekend before. Am I making sense?
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see what you mean. So, if I understand you accurately, the county will pay, but your company won't pay you those additional hours?

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