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Overtime pay

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Pluna

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

I recently left my job of 11 years. I reached an impasse wtih my supervisor.
I worked as an administrative assistant for senior management the total 11 years I was with this company.
Here is my issue. There are 7 ladies who are also administrative assistants for senior management. 5 of us have the same exact title. But, all but me are non-exempt employees and are paid for every minute over 40 hours that they work. I worked as an exempt employee. I worked an average of 50 - 60 hours a week and did not receive any overtime pay. It was not an issue while I was there but now that I have left and am not working I feel that I should be paid for those hours I worked. No one ever questoined my job classification. This only occured for the last three years of my employment. Before that I did not have the title of administrative assistant. I am not bitter or angry with my former employer and did everything to handle my departure in a professional manner. I wish them the best. Do you think I have a legitimate claim for overtime back pay.
I also need to note that our job responsibilities were the same, basically a secretary to a vice president.
 
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pattytx

Senior Member
You can always contact the Texas Workforce Commission and state that you think you were misclassified and that you are due back overtime. The fact that other employees in a similar situation were paid as nonexempt employees while you were treated as exempt is irrelevant. It is always legal to treat an employee as nonexempt, even if their position would qualify as exempt. What is not legal is to treat someone as exempt if their position does not qualify as such. They may not go back three years though.

Good luck.
 

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