QUESTION
Is it true that salary employees should get overtime pay for work over 8 hours if they do the same type work as the hourly employees?
Asked on Jan 10th, 2012 on Labor and Employment - Mississippi
More details to this question:
I have worked for this company on three diffrent occasions. Each time i have been asked to come back to work i do get an increase in salary but i have to do the same work the hourly employees do and also fill in for employees that have missed work for the day. The reason i keeped getting called back to work is because i do all the extra work it takes to make plant run productively. Since i do the same type work as the hourly employees shouldnt i receive the same overtime pay they receive. I have been told by the owner on several occasions that if i cant get an employee to do the work, i must do it myself.
overtime pay or not. Thanks
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
If your principle duty (the duty the performance of which which is your main reason for being hired, or the duty which you spend most of your time performing) is the performance of manual labor, even though you are salaried you are not exempt from entitlement to overtime compensation for the hours you work in excess of 49 hours. Keep track of how much time you spend on each task and determine whether the manual labor is the principle duty. if it is, you are non-exempt and can claim the overtime pay. If he doesn't pay you, get an attorney. If you win your case the employer will have to pay you double the unpaid overtime, plus he will have to reimburse your attorneys fees.
Michael Caldwell
404-979-3150
Answered on Jan 12th, 2012 at 1:37 PM