sknight
11-18-2006, 06:09 AM
My husband works Monday thru Friday 9-5 for a wholesale company. There are only two employees and the owners, a husband and wife. They have him work Saturday's when they don't feel like working. He dosen't recieve overtime for this. He is not an exempt employee. He makes less than 22,000 a year with no benefits. Shouldn't he be getting overtime?
IF the employer is subject to the FLSA, then yes, if he works over 40 hours in a week he should be getting overtime.
They are subject to the FLSA UNLESS the company's gross income annually is under $500,000 AND they work entirely in state - they don't so much as make a phone call to or buy a pencil from anyone outside of North Carolina.
If he thinks he should be paid overtime and is not, he can file a claim with the state DOL.
sknight
11-18-2006, 08:08 PM
They get all of their merchandise from china and sell to store owners here in the US not just in North Carolina.
ScottB
11-19-2006, 03:03 AM
Looks to me like he is a covered employee under FLSA and entitled to overtime.