QUESTION

im on a salary based job to where im expected to work 56 hours a week my check stubbs say 40 but i put in at least 60 and some weeks seven days a week

Asked on May 05th, 2012 on Labor and Employment - Nevada
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
It is unlawful under the federal Fair Labor Standards Act for a covered employer (i.e., most employers) to fail to keep accurate records of the time that its non-exempt employees actually work, and to fail to pay them overtime based on the hours they actually work. Although an employee must be "genuinely salaried" to fall within most of the exemptions from the overtime pay requirements, not every salaried employee is exempt. To be exempt one must both be genuinely salaried and perform the functions and otherwise meet every part of the FLSA tests for the white collar exemptions. There are certain jobs in certain industries that in and of themselves, are exempt from overtime pay requirements under the FLSA, without regard to the employee's salaried status. However most exemptions fall within what are known as the "white collar exemptions" all of which require that the employee who the employer claims to be exempt  is genuinely salaried. There are probably also Nevada state laws that provide the same or even better protections than the federal laws.  You should contact a Nevada Labor and Employment lawyer who handles claims under the Fair Labor Standards Act (a/k/a Wage-Hour claims).   Michael Caldwell 404-979-3150
Answered on May 10th, 2012 at 12:57 PM

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