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korbynlehr

Junior Member
What is the name of your state? Ky

The company I work for is based in Pennsylvania. I am a salaried employee as is my immediate boss. Until late last year we were paid straight time pay for any hours we worked over 48. Also we were paid time and a half for holidays we worked which is most all of them. the business we are in doesn't really allow for the customary 15 minute breaks or the lunch breaks away from the work area. Also some of the hourly employees that work with us do not get a set lunch break or their customary 15 minute breaks.

My questions are:
1) Is my company required to pay me anything over my salary for hours worked past the 40?
2) What about holidays?
3) What about my bosses and my lunch breaks and 15 minute breaks are we due those legally?
4) Are we breaking the law by not setting time aside for the hourly employees?
 


pattytx

Senior Member
1) Is my company required to pay me anything over my salary for hours worked past the 40? If you are correctly classified as an exempt employee, there are no legal requirements that your employer ever pay you anything except your weekly salary. You have been lucky in the past.

2) What about holidays? See Answer #1

3) What about my bosses and my lunch breaks and 15 minute breaks are we due those legally? See here: ttp://labor.ky.gov/esat/wagehour.htm#a
The rest break required in KY is only 10 minutes each, not 15, per 4 hours worked. There is no specified time for lunch breaks in KY law, as you can see, but instead "a reasonable time". However, federal law, with which all states must comply, states that, if a meal break is given of less than 20 minutes, it must be paid. Having said that, it has always been questionable whether or not such breaks and meal periods also are mandatory for exempt employees, since exempt employees are not paid by the hour. You may want to contact the state DOL to inquire.

4) Are we breaking the law by not setting time aside for the hourly employees? I would definitely say yes.
 

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