I am the Operations Mgr. at a Non-Profit Marina/Dockominium Association in New Jersey. I was hired as a salaried Employee to work 4 days to manage the property and its institutions. I have 6 employees that answer to me and My role as manager includes much physical labor (much more than 20% of duties included) to expidite the needed wide range of projects we do on site. I have inquired as to excesseive overtime as since hired 18 months ago I have contributed 43 8/hr days worth of overtime. When I questioned there policy regarding this I was told "they dont pay overtime to salaried employees" and that we (since salary) are "exempt" for that reason. In researching this all, I asked 2 Board members how we are classified with no response. When I questioned our payroll co. regarding our classifications I was informed we (3 salaried) are all classified as Non-Exempt. We now have a committee who has there own agenda vs. the Board of Trustees, who is now quoting hours for my salary as being for 32 which is false information. We are all questioning our jobs/duties and employment status. My one Employee has was hired in 2000 and has been told the same (regarding overtime) since employed. Since he was classified as Non-Exempt all these years and never compensated for any overtime, is he entitled to backwages? Am I entitled to backwages? And how do we handle this without getting fired for it? We have NO Employee handbook or written employee policy. We were all hired to our positions following a "Probational" period (Mine was extended to 6 mos vs. 90 days due to the nature of the position).

Please advise!

Whether you are entitled to overtime or not is a legal determination that can be made by the NJDOL or the courts.

The fact that you are paid salary is not the determining factor rather your actual job duties is what is determinative.

If you and your employees have indeed been misclassified as exempt you would be entitled to back wages.

In NJ, the courts have held that you have six years to pursue a claim for unpaid wages. So, the one employee that was hired in 2000 may be in jeopardy of loosing a claim for some unpaid wages. The only way to "stop the clock" in terms of the statute of limitation is to file a lawsuit.

With that said, it sounds like it may be in you and your employees best interest to seek the advice of an attorney for this matter.

Regards.

Is it Slander or Defamation if a committee member passes false negative information, and is quoted as "speculating" about topics which "allegedly" happened to an employee during his off/personal time? This false information has weighed heavily on the employees character as well as his reputation among members who deal with the Staff. It was disclosed that an employee had been arrested at some point for DUI and spent time in jail for it. This is all false as I spoke with the Employee regarding this history and there has never been such an incident, nor has he ever spent a night in jail for it or anything for that matter. Is this lawful commentary? Also is it lawful for a member of one committee, who meets in confidentiality regarding Financial issues with the Board of Directors, to discuss items from Committee to committee to facilitate his own agenda. ie: Discussing financial matters with members who are not privey to those discussions held in confidence as amember of said committee?

If I understand the definition of Slander correctly, you can't make unfounded statements about someone's character that "defames" them; affecting their ability to find gainful employment. Would you happen to be affiliated with a Union?

However, it takes more than making a statement; that statement has to have been broadcast or published to a third party AND there have to have been damages as defined under the law.