QUESTION

My wife works over 40 hours per week and receives no overtime. IS her employer breaking the law and if so what should she do?

Asked on Dec 28th, 2012 on Labor and Employment - Virginia
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1 ANSWER

Employment Law Attorney serving New York, NY
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It really depends on her job/position.  While the general FLSA rule (and most state laws) is that any hours worked over 40 in a week must be compensated at the premium rate of time-and-a-half.  However, there are many exemptions to the law - too many to list.  The most common exemption is if your wife is in a management position or a professional (engineer, architect, etc.)  But because there are so many exemptions and nuances to the exemptions, I suggest you contact a local attorney, especially to deal with any possible state law violations.
Answered on Dec 29th, 2012 at 3:31 PM

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