I work 50plus hours a week but I am only getting paid for 40. Is this illegal?

Question

I recently started working for a company as a salaried employee. I'm guaranteed my 40 hours a week. My supervisor pressures me into working 12, 13, 14 hour shifts and I only get paid for 8 of those hours. He submits my timesheets before my week ever starts for 40 hours. I know the State of Texas and the US government has laws to protect salaried employees. What are the laws against working salaried employees over there 40 hours? Because I am going to HR to get some answers soon and I need some ammo to fight with. If there were no laws we would all be on salary. Companies would make us work 100 plus hours every 2 weeks and only pay us for 80. So I know there are some laws.

Answer 1

You haven't provided enough facts here for anyone to give you a substantive or accurate answer to your question. More likely than not, you should not divulge any personal facts about your job anyway.

First, it is an absolute myth that you cannot get overtime pay if you are salaried. You are correct in being suspicious. Many employers improperly label certain employees as salaried in order to avoid overtime pay, which is illegal.

In short, some employers tell their employees that they are a salaried employee and therefore not entitled to overtime. In fact, the law determines whether a worker can be “salaried” or must be paid hourly.

The Fair Labor Standards Act (FLSA) says that only a few types of employees can be paid on a salaried basis. There is a possibility that your job does not qualify as a “salaried” position and that you may be entitled to extra compensation for each hour worked over forty in any given week.

For overtime violations, you can recover lost overtime pay going back a full two years. If the employer’s actions are willful, then you can recover lost overtime pay going back a full three years. Further, the FLSA will double the amount owed as a penalty. This is called liquidated damages. Also, if you hire an attorney, your attorney may be entitled to an award of attorney's fees.

I strongly suggest you contact an attorney specializing in employment law, and in particular, overtime pay. He or she will be able to tell you whether you are entitled to overtime pay and the various options available to you to collect it. You may be losing out money owed to you if you do not act properly.

Answer 2

Since your payroll is drawn every two weeks, you calculate overtime based on anything over 80 hours a pay period (every two weeks). (I'm guessing you advised them that it's a two-week pay cycle.) This works for HOURLY EMPLOYEES ONLY. Hourly employees earn overtime after 40 hours of time worked (not including sick time, vacation, holidays, etc.) That means that, although your employee worked 45 hours the second week, he/she only worked 35 hours the first week, which would then push the extra 5 hours into regular time (to make up the shortage in week 1). However, if your employee had worked 40 hours week 1 and 45 hours week 2, he/she would be entitled to 5 hours OT. If you need help with this, check out the Department of Labor (USDOL) website. They're incredibly helpful, and the site isn't all that difficult to navigate (as far as government sites go, anyway).

Answer 3

OK, you need to see an attorney that specializes in employment law (say the magic words, "wage & hour case") immediately. The consultation should be free, and if they take the case, the suit should provide for attorney fees to be paid by the employer.

There are two kinds of salaried employees--exempt and non-exempt. Exempt employees are NOT entitled to overtime. But a lot of employers give you a salary and tell you that you are not entitled to overtime, when, in fact, you are.

To fall into the exempt class (which is not entitled to overtime) you must fall into one class or another of employees. You must supervise, be a professional, be an officer, be support administrative personnel, have the ability to hire and fire. There are others, but those are the main concepts involved.

If you've been given a salary, but have no authority, you are probably entitled to overtime.

** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

If you are salaried, then you are compensated for the extra time you may put in a week with a higher paycheck then hourly employees. It's quite common now to work 60+ hour weeks and get paid for 40 if you are salary.

Be happy you have a good job and stop complaining about it. I'm sure there are a lot of people who would put in twice the amount of hours at half the pay.

Answer 5

A common misconception is that salaried employees are not entitled to overtime pay... not true.

it depends on the industry and type of job. Check with a lawyer very soon... you may be entitled to overtime pay, and back pay.

For example...the construction industry or manufacturing industries have to pay overtime even if you are a salaried employee.... often times they do not, but it's the law none the less. Usually it applies to labor related work. Also, regardless of the industry...if you work over 60 hours they have to pay you time and a half for everything over 40 hours. ..Period.

Answer 6

Legally, there are 2 types of salaried employees, exempt and non-exempt. Exempt employees are not eligible for any remuneration for excess hours worked. Non exempt employees must be paid overtime for any hours over a standard 8 hour work shift.
Generally speaking, non exempt employees are employees that have no management responsibilities. Examples would be secretaries. Non exempt are management employees. One test for non-exempt, is do you have anyone reporting to you. If you do, you are non-exempt.

Answer 7

If you agreed to a ''SALARY", then yes it is legal. On the flip side you also have to get paid for scheduled days not worked. I do believe that anything over 40 is voluntary, but since in most states, any employer can dismiss any employee for any reason or without reason... your boss could make things very hard for you, if you do not submit.

to the thumbs down pinheads, you don't know squat. What I stated is the law of most states, get your facts straight.

Answer 8

Afraid to say that this is legal. Salaried employees do not get to clock over time, but in most companies, salaried workers are given comp time - additional accrued time off outside of holidays, vacation and sick time. You may want to ask your HR rep how you're eligible for that.

Answer 9

If you are a salaried employee your "exempt" from OT and the 40 hour work week. Sorry man. I personally work 65+ hours a week and get paid a set amount every week.

Answer 10

It depends on what type of job you have but for the most part you are entitled to get over time. you need to check with the employment office or a lawyer.