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Overtime for Salaried Employees

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tamrab

Guest
We live in Oklahoma. My husband was terminated from his position as Supervisor with a large grocery chain January 2000. He had been a supervisor there for 4-5 years. Worked there for a total of 8 years in various departments and in those positions was paid hourly with overtime. As a supervisor, he was paid salary and was expected to work at the minimum 12-14 hour shifts for 4 days per week. He was never paid any overtime or given any other compensatory leave. The Supervisors did not clock in or out since they were on salary, so we don't have actual proof of his extra hours, although it is the norm for this company and the people there are still pulling these hours. Often, he had to work these hours for 6 days per week. My question is this, is he entitled to overtime pay for all those hours, how far can he go back to collect, and what is the normal compensation for this? I appreciate any help. Also is it better for the Labor Department to handle this or obtain a private attorney? THank you,
 


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buddy2bear

Guest
As a supervisor, so long as he had power to hire, fire, promote, demote, etc., or effectively recommend same, and he is salaried, then he does not qualify for overtime pay under the wage & hour laws. If he did not possess the authority for the above, then you might give it a try and call your State's wage & hour division.
 
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tamrab

Guest
Overtime pay

OK. He did not have the power to hire and fire. He had to go through his supervisor to fire someone and another person did the hiring in the company.So, I will contact wage and hour in Oklahoma and see what they can do. Thanks for your reply.
 
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buddy2bear

Guest
You said "he had to go through his supervisor." That means that he could possibly "effectively recommend." Which means, this will be if-y. However, since he is no longer working there, I don't see any reason why you can't take it to the wage & hour and let them pursue it -- you might come out with something and you might also benefit those who are still working there, or you might not, but it sure will give that company a few weeks of "pain."
 
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tamrab

Guest
Well, he had to turn in reports to his boss, such as attendance, no shows, and the kind of stuff that was against the policy. Like if one of his employees had reached the maximun number of days that the employee could miss before getting fired, then he would have to turn in reports stating that they had reached their maximum, or that they did not show up and did not call. That sort of thing.
 

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