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working overtime and not being paid

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L

lawlrnr

Guest
Recently, the company I worked for switched to a new payroll system. It 'automatically' pays me for 24 hours a week, regardless of how many hours I work overtime. I have not been paid for these extra hours and the company claims it is because they have salaried me at 24 hours and because I receive benefits. Is this legal?

I work as a receptionist. I will find out if I am considered exempt or non-exempt.
 
Last edited:


Beth3

Senior Member
Whether or not you receive benefits is completely irrelevant to whether you must be paid for the actual hours you work. The ONLY thing at issue is whether you are in an exempt or non-exempt position.

You need to post back and describe your job responsibilities so someone can advise you futher.
 

cbg

I'm a Northern Girl
That depends. Not all positions can legally be made salaried.

If your position qualifies, then they can put you on a exempt (salaried) basis on the basis of the number of hours you generally work and that's all she wrote. A legitimately exempt employee has no expectation of overtime and gets paid on the basis of the job, not on the number of hours they work.

However, if your position does not qualify you as exempt, then you must be paid for each and every hour that you work, plus overtime for any hours over 40 in a week. Although they are free to "salary" you for any hours up to 24, if you work more than 24 they must pay you for the hours.

You have not given us any way to tell whether you can legitimately be considered exempt, but you can go to the DOL web site (www.dol.gov) and look under the FLSA (Fair Labor Standards Act) for the list of permissable exemptions.
 

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