QUESTION

As a salaried employee who is a member of management can I be scheduled more than 8 hours a day and more than 40 hours a week

Asked on Oct 18th, 2012 on Labor and Employment - Pennsylvania
More details to this question:
Should i be paid OT for being scheduled more than 40 hours a week?
Report Abuse

1 ANSWER

One of the exceptions to the general rule that an employee must be paid time-and-a-half for all hours worked in excess of 40 under the Fair Labor Standards Act is a "managerial" exception.  If you are paid on a salaried basis (which means that you earn at least $455/week and your salary is not reduced for quality or quantity of work performed), and your position fits the other regulatory requirements of a "managerial" position, then you are not entitled to overtime pay, regardless of the number of hours a week that you work.  However, if you are not paid on a salaried basis, or the actual day-to-day tasks that you perform are not managerial-type duties, then you may have a claim for unpaid overtime on the basis of a misclassification as an exempt employee.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com   
Answered on Oct 22nd, 2012 at 9:13 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters