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I am wondering if an exempt employe can claim overtime when…

Customer Question
Hello i am wondering...

Hello i am wondering if an exempt employe can claim overtime when working regularly over 10 hours a day for 6 days of the week? Some days 12-18

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

No

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

The position held was a supervisor position and it was salary based. it was union but the supervisor weren't part of the union

Submitted: 26 days ago.Category: Employment Law
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Customer reply replied 26 days ago
worked for an agriculture company also was asked to relocate for the season to yuma in which hours there varied from 10-12 occasional 12-18 especially on the holidays. no other supervisor put in those hours be me.
Answered in 7 minutes by:
3/26/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 26 days ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,240
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the Fair Labor Standard Act, an exempt employee is not entitled to any overtime absent an employment contract that states overtime would be paid. So whether or not overtime is required for a salary employee is solely discretionary with the employer and any contract with the employer.

If you were a supervisory employee and as such entitled to be claimed as exempt, then legally they could force you to work as many hours as needed without additional pay unless there was a written contract to the contrary with you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,240
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Experience: 20+ Years of Employment Law Experience

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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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