• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

exempt vs. non-expempt

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state?What is the name of your state? Massachusetts

I was recently promoted, and the position I was in at the time was exempt. When they rehired they turned it into a non-exempt position. It is an administrative position that I thought should have always been non-exempt. Anyway, is there a way to recieve back pay for hours I worked above and beyond 40. I don't not have a way of calculating these wages, but worked at least 50 hours most weeks.


I'm a Northern Girl
That depends on whether or not your perception of the job status is correct. If the position did meet the definition of exempt, then you cannot force them to pay you any back overtime since it was legal for them to not pay it to begin with, no matter what changes they've made since. But if the position should have been non-exempt all along then you can file a complaint with the DOL for back OT for up to two years (three if the violation is determined to be willful). You do not need to prove what hours you worked; it's up to the employer to prove you didn't work them.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential