Jetttttt2000
10-24-2006, 09:53 AM
I am an underwriter for a mortgage company and I am on salary. I assume that means I am an exempt employee. I was just informed that OT is now mandatory until we get caught up and lunch would be brought in for us so we can keep working. Since my hire, we have always had 40 hour weeks. Can they force us into extra OT with no additional compensation and ask us to keep working through lunch?
Yes. As an exempt employee, you have no legal expectation of any additional compensation no matter how few or how many hours you work. Exempt employees do not get paid overtime. Period. Your salary covers all the time you work, no matter how many or how few.
There is nothing in any law that guarantees any employee, exempt or non-exempt, a 40 hour week. If additional hours are needed, then additional hours have to be worked. The only question is whether or not overtime needs to be paid.
BTW, being salaried does not always automatically confer exempt status. However, it is entirely possible that as an underwriter, you qualify.
ArmyRetCW3
10-27-2006, 08:56 AM
You may read thru this opinion letter that may be applicable to your situation.
http://www.dol.gov/esa/whd/opinion/FLSA/2006/2006_09_08_31_FLSA.pdf
BSPCPA
10-27-2006, 10:32 AM
Even more close to home..... In Edwards v. Audubon Insurance Group, 10 Wage Hour Cas. (BNA) 2d 327 (S.D. Miss. 2004), the court held that the plaintiff, a commercial lines insurance underwriter, was an exempt administrative employee under the FLSA.