Rules for Salary employees regarding overtime
Dear Mel,
A couple of questions:
1. If I have a business meeting in the middle of the day can my employer deduct the travel time from my hours worked?
2. I work for a nonprofit agency as an exempt employee, my position is coded as Membership Executive, this is an entry position and has no supervision authority. I think my employer is putting the titles on to avoid paying time and one half for hours over 40 weekly or 80 every two weeks. What are the rules in Ohio on this?
3. My employer is keeping track of my hours to the minute making sure I work 40 hours per week, but not compensating me for hours workered over forty is this ethical?
Thanks
Answers (1)
Dear Sandy:
The ultimate question is to determine whether or not you are a "non-exempt" employee in accordance with the Fair Labor Standards Act and the requirements of IRS. (An overview for exemption can be found at http://www.dol.gov/dol/compliance/comp-flsa.htm. Ohio laws track the federal statute.)
If you are characterized correctly as "non-exempt", then
1) you must be paid for ANY travel time on behalf of your employer; also, if you work during your lunch hour you must be paid for that time too.)
2) just because your employer calls you an "executive" and "exempt" does not make it so; and
3) If you work over 40 hours in any one week you must be paid time and 1/2 for any time worked over the 40 hours (80 over two weeks is NOT the law and not therefore relevant.) Accurate tracking of time would be very important to determine what you may be owed.
If you file suit and win your damages could include:
a) the overtime $ to which you are entitled:
b) an additional amount equal to the amount in a); and
c) all reasonable attorneys' fees and expenses to prosecute the case.
So, your very first step is to contact a competent employment attorney and discuss your job duties in detail to determine your exempt/non-exempt status. There will then be many follow-up questions regarding time-card evidence and such.
You should act quickly because there is only 2-3 year "look-back" period to add up all of your lost overtime.
Good luck.
posted by Neil Rubin | Feb 27, 2008 7:49 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers