I have a bachelor's degree and work full time as a counselor in Virginia (utilizing that degree). I was informed that Virginia law requires that bachelor's degree level employees to be paid for all the time worked, to include: drive time, paperwork and time put into scheduling sessions. I am not compensated for a majority of the work that I do and neither are my coworkers. Do we have any legal standing to get our employer to adhere to this law?
There is no bright line based on whether you have a bachelor's degree for whether you must be paid hourly or on salary. In fact, the fact that you have a degree would probably help support your employer's position that you are exempt from the provisions of the Fair Labor Standards Act that require lower level employees to be paid for every hour that they work and time-and-a-half for hours in excess of 40 per week. Higher level employees who are deemed executive, administrative, or professional are exempt from the hourly and overtime requirements and can be paid a set salary regardless of how many hours they work. I think the rationale is that employees at this level are more educated, skilled, and knowledgeable and therefore better able to negotiate a decent salary for themselves outside of the federal protections.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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