Labor Law

[AmericanRobster]

I am working for a company basically as a laborer / labor foreman and I am a salary employee. I feel that I should be paid over time due to working 5-6 days a week 9-10 hours a day. Remember, I am only salaried for 40 hours a week and get paid every 2 weeks. I get paid for 80 hours.

I think I qualify for overtime and should be paid for it.

What do you guys think? Attorneys advice?

[z400250]

contact Angela E Outten 727-787-5919  She is located in palm harbor on alt 19 across from inissbroke golf course.

She is one of if not the best labor lawyer in this area. There are very few reasons where an employer doesn't have to pay OT.
Contact her and she will give you a free consulation and tell you if you have a case or not.

check out this for a lil info  http://www.overtime-flsa.com/

[digginfool]

To qualify as exempt, there are very clear rules as to whether or not you qualify.  One of the best litmus tests is whether you have authority to hire and fire.  Also, is your job primarily administrative or production (in a construction environment, this is a tough one which is why right to hire/fire is primary)?  Wage and hour laws are meant to protect but, particularly in this economy, you may want to pick your battles carefully.  I would advise you to compare your wages to what you can realistically get should you find yourself suddenly unemployed.  Your employer may be toeing a fine line between exempt and non-exempt but he may also be paying you a salary that you won't find at an hourly position, including the overtime. Are you upset because you find yourself on the short end of the salary stick the past few weeks now that you're busy?  What about those times when you weren't working a full week but still collecting a full salary or you were busy supervising a couple of crews instead of swinging a hammer?  If you bring the Labor Board down on your employer, you may get back wages but you may also put your employer out of business and you will be making that comparison of your salary vs. hourly wage under duress.

[CABLEGUY1]

I'm not sure how much our situations differ,but I too am a salaried employee. I was making pretty good coin when I was hourly if you factored in the overtime. When I was offered a managment position,I was given the old "sometimes you have to take a step backwards to move forward " speech. It was difficult adjusting at first and was a little frustrating but at the end of the day,I had no one to blame but myself. I knew what the offer was when I accepted it and I was told that there would be times when I would be required to work overtime. In other words,I made my bed so I had to lie in it. Luckily, things worked themselves out for me in the long run. I'm curious,were you told that you would be salary and that you would only be required to work a 40 hour work week when you were hired and if so,did you get it in writing?I think that would be the deciding factor.That's my guess anyway.I would recommend that you have a closed door with your boss and see if you can come to some sort of compromise before you get an organization involved,just in case you have no leg to stand on.It's hard to find any job right now.Good luck.