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I am employed as an administrative assistant for Jay

Customer Question
I am employed as...

I am employed as an administrative assistant for Jay Goldberg Events and Entertainment. I signed an employment agreement for a salary of 26k with the ability to make 2 $500 bonuses my first year depending on performance. The company I work for holds Summer Camp Music festival, a separate legal entity that hires and pays staff from a different payroll. I knew upon taking this position that I would be required to work at the festival. It was not explained in my employment contract that I would not be added to the payroll for Summer Camp. I was not added to the payroll and 2 weeks before it began I was told that this is part of my Jay Goldberg salary, I went through my employment agreement and I did not agree to this. I have no administrative or any title what so ever at this festival, yet I have worked almost 100 hours in 6 days.I would like to know if I have any recourse.

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

My manager was the one who told me that I wasn't getting paid any kind of rate at this festival and she was very short. I was only offered meal passes. Our company does not have an official HR department. I have not contacted a lawyer yet.

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

I do not belong to a union. I live in Illinois which is an "at will" state.

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

This company does not offer overtime for hours worked to hourly employees and at this festival there are employees working in excess of 40 hours during the 7 day work week, they cannot get a day off either, they claim that there is a special event clause in this state and I want to confirm that.

Submitted: 2 months ago.Category: Employment Law
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Answered in 6 minutes by:
5/26/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,955
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.

If you are truly an administrative employee, then legally they can pay you salary and they can insist you work as needed, including at the camp, I am afraid. In order to be properly considered an administrative employee, your primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and your primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

To meet the “directly related to management or general business operations” requirement, an employee must perform work directly related to assisting with the running or servicing of the business.

If this is not what you are doing, then you need to file a complaint with the US Department of Labor Wage and Hour Division and they will make the determination if you have been improperly classified and if you have been not only will they sanction the employer, they will make the employer pay you damages due.

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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Customer reply replied 2 months ago
they can insist that I work for a totally different company?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

If you are representing your employer to that company they can, but again if your duties are not administrative representing your employer, then you have a wage and hour claim.

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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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