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Do you have to pay overtime to salaried office employees -

Do you have to...

Do you have to pay overtime to salaried office employees - if they choose to do it without pre-approval

Lawyer's Assistant: Have they discussed this wage-and-hour issue 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?

At will Job is salaried

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Answered in 9 minutes by:
11/16/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,227
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. I'm sorry to say, but the answer is yes. According to §785.11 of the Fair Labor Standards Act (FLSA) regulations, "Work not requested but suffered or permitted is work time." This means that even if you did not authorize the overtime, if they worked it, you have to pay it. The only thing that would be the saving grace is if the employee earns more than $455 per week. If they make over $455 per week, then they are exempt from any overtime payments. Otherwise, you'll have to pay them. You may want to consider disciplining the employee for their actions or even terminating them if they do not abide by the company rules against this.

What other questions did you have for me?

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Customer reply replied 9 months ago
This employee does make more then $455.00 per week.
The employee makes over $800.00 per week and is asking for "overtime" to be compensated as additional PTO time which employee has already taken 24 hours over allowed PTO
Customer reply replied 9 months ago
We paid employee the additional 24 hours based on good faith that said employee does put in extra time - but now is asking for more over 40 hours.
Customer reply replied 9 months ago
Also - the employee is given 160 hours of PTO plus holidays

Thanks for providing that info. If they are making over the threshold, you do not need to pay them overtime. Even if you're giving them additional cash to help address the issue, you're not required to. Did you have any other questions for me?

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Customer reply replied 9 months ago
No thank you ***** get a printable transcript of this Chat
Customer reply replied 9 months ago
Or was it also emailed

The pleasure is all mine! I don't believe the transcript is emailed to you, but you can copy and paste it into a Word doc real easily.

There’s also just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,227
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 months ago
Done
You are way too kind thank you.
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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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