I work for a very successful home automation company, we do home theaters, house audio, lighting control for extremely wealthy customers. I've been working there for 5 years, for the past 4 I've been a salaried employee. On average I work about 55 hours per week, with no overtime. 85% of my time is in the field, a friend informed me that it is illegal for my employer not to pay OT to a non-managerial employee. If that's the case, we've been keeping time sheets of our workweek for the past 1.5-2 years. Do I have a case for the Department of Labor?
Thanks
Mike

Not necessarily. The requirement to manage at least 2 employees only applies to the Executive exemption. However, if you are doing manual labor, it is most likely you are a nonexempt employee and, as such, must be paid overtime pay for all hours worked in excess of 40 in a workweek.

Unfortunately (and I've heard this from other Maryland folks), the state Dept. of Labor appears not to be taking claims at this time. Rumor has it they're out of funding to pursue claims. :mad: Here's what they are recommending:
http://www.dllr.state.md.us/labor/wagepay/wpremedies.htm

How would the state define "manual labor"? I would not consider my line of work as "labor" (which I usually associate with digging ditches, etc). Also it's just so happens, I have accepted another position doing something completely different, what is the statue of limitation on something like this? Does it matter that as of tomorrow, I will no longer be employed, could I still pursue the case with the state? And I guess thirdly is there other avenues to pursue this, should I get a lawyer?
Thanks again,
Michal

So, explain exactly what you do.

My average work weeks consist of few service calls ie - maintenance on big complicated systems, usually diagnosed by the use of a laptop, or voltmeter (specialty tool) Most other days usually are me traveling to a customers house where we are installing a new system, (sometimes with other technicians) during which we/I are: loading equipment, unpacking, running new cables, labeling cables connecting and testing.
Mike

Have you read this?
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

are you thinking exemption under the learned professional employee clause?

I'm not thinking anything except that, on the surface, it doesn't appear you ever qualified as exempt at all.

you think I have a valid case? :confused:

My opinion and $2 will get you a cup of coffee, but in my opinion, you have a decent shot. :)

I will keep you in the loop :)