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I am working for a building maintenance company as a

Good morning, Lawyer's Assistant:...

Good morning,

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

I am working for a building maintenance company as a Supervisor, get paid by salary and have to work approximately 40h per week. I need to be and am able to get all my tasks done on time and well. Now I am short with staff and have to take over an additional 10-12h per week and do a part-time job for an unforeseen time, probably 3-4 month. My employer didn't offer me any kind of compensation for the additional hours. I think this is not fair, because it is not only a short-term fill in. My employer gets paid for the job by the contractor. Do0 I have the right to get a compensation? Overtime? Thank you

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

No I don't

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

I don't think so, thank you

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Answered in 1 minute by:
6/29/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
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. Could you tell me if your wages are higher than $455 per week?

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Customer reply replied 1 month ago
the are

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.

In your case, although it seems like you are overwhelmed, since it seems like your supervisory role, combined with being paid more than $455 per week, you probably wouldn't be eligible for overtime at all in this case. I'm extremely sorry, but the law doesn't require overtime in this case.

You may want to consider these options:

1. Explain to your supervisor that you can't get the job done in the time that you have.

2. You need staff.

3. That if you can't supervisor the maintenance, they are risking a serious lawsuit by not hiring additional people.

4. You maybe deserve a bit of a raise or some additional compensation for the work, even if it is not legally required.

5. You may want to consider other work or telling your boss you are going to quit to see if that will encourage them to give you more $.

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 1 month ago
How unfortunate. I'll explain my situation a bit more clear, I am an area Supervisor, traveling to my staff (responsible for 13-15 people) to coach, Supervise, inspect, manage, hire & fire,... the office work I am doing from home. Hiring an additional employee is my job and I am going to do so. The problem is that this employee needs to apply for an RCMP clearance, which takes up to 4-6 month approximately. There is no way to get into the RCMP building to maintain it without the clearance. I, as a Supervisor, have clearance for everything since I have to inspect the buildings regularly. I know how much money we get for the job and think it would be fair and an encouragement to me to compensate me in a way. The company has actually an advance under the situation, not paying an employee but getting the job done for free by me.

I see. That seems to be a lot of travel and work. Sometimes, employers are going to do whatever they can to squeeze a buck out of their employees because having employees is very expensive; however, I think you should consider negotiating with them.

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One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

So, you could offer them something like giving you an additional day off, letting you hire an independent contractor, or otherwise working with you to limit your travel.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 1 month ago
Thank you very much for your service :-) I appreciate

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
Experience: Licensed to practice before state and federal court
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Customer reply replied 1 month ago
Why do I get charged 62$ on my CC??? There was just the requirement for a 5$ fully refundable fee!
Customer reply replied 1 month ago
This is an unauthorized transaction that will be refused!
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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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