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I worked for a company as a salaried employee in North Carolina. We had no kind of written contract. They worked me in excess of 80 hrs. each week but the salary stayed the same. Were they allowed to do this without paying me more? If no it has been 3 yrs. is there a time limit on going back?


JBK Georgia

It depends. There are some employees who are exempt from overtime. These workers are usually employed in an administrative, executive or professional capacity, and the Federal Regulations and courts have a number of guidelines as to whether an employee falls into one of these catagories. If you are not exempt, you should be compensated at 1 1/2 times your hourly rate for hours worked over 40 each week. The federal law covering overtime, the Fair Labor Standards Act, has a two year statute of limitations for non-willful violations of the act by the company, three years for willful violations. Again, courts have interpreted whether a company's actions are willful. I do not know from your post whether all of the time you worked was three or more years ago or if that is just when the practice started. If some of the time you worked was within two or three years, you may have a claim for overtime unless you were an exempt employee during that time period.

This post contains general advice only, not specific legal advice. Check with an attorney in your area before taking legal action. No attorney/client relationship has been created or should be implied. This post is not a solicitation for business.

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