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Overtime for "seasonal" employees?

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I am a landscape employee who routinely works 55-60 hours a work for my employer. I feel I should be receiving time-and-a-half for the hours exceeding 40, but my employer claims that I am 'exempt' under the Federal Gov'ts Fair Labor Standards Act. I've done some researching, and I don't think I meet the criteria for 'exempt.' Am I?



I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

It really depends, but the experience I have had with exempt and non exempt status is this: most executives are exempt and salaried employess. Non exempt employees are hourly employees. This is because typically their salary levels are much lower and are more on the labor side of employment. As such, they are eligible for time and a half for work done over usually a 40 hour work week.

To fully get comprised of your rights without expending any money, try contacting the EEOC (equal employment opportunity commission) or contacting your city hall and county offices and asking if they publicly funded or free or low cost organizations that aid individuals like yourself in employee-employer relations/compensation status.

Hope this helps.

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