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isaac_kramer
01-04-2007, 09:32 PM
I have been reading through the post and it is amazing that my question I think was answered through others but I would rather make sure.

I work for a Vet Clinic. The clinic I work for is a Charter/franchise. My actual title is Office Manager, however, this is a non-exempt position by the corporate handbook which I was given the day I was hired. My job duties state that I should only be spending roughly 5-10 hours a week fulfilling this position and the rest of the time as a Client Service Coordinator.

My salary is $20,700.00 a year plus bonuses that range around $70.00 a paycheck, biweekly. I pay for my own health insurance and the owner reimburses me on my check as a bonus in the amount of roughly $46.00 a week.

My job duties include:
- training new employees and running weekly meetings (1.5 hours long)
- nightly deposit about 3 days a week.
- payroll every other Saturday for 1 hour
- in clinic marketing materials(1 hour a month)
- inventory and weekly ordering (1 hour a week)
- seeing patients as a nurse (5 hours a week)
- submitting bills to accounts payable (30 minutes a week)
- answering phones (all day long)
- checking clients in and out (all day long)
- running bloodwork and drawing blood (1 hour a day)
- setting up surgery (3 hours a day)
- cleaning the clinic (all day long)
- scheduling appointments (all day long)
- in store promotional marketing by passing out coupons (1 hour a week)
- filling prescriptions (all day long)
- answering client questions about wellness plans (all day long)
- employee reviews (every 3 months for 7 employees and 1 being full time beside myself)
- employee disciplinary actions (3 in the last year and a half)
- interviewing with say in hiring and terminations
- assisting in surgery monitoring anestetic and vitals, with occassionally scrubbing in to assist.

That is a pretty fair idea of what I do. There is much more. I do not receive lunches since I was placed on salary and during the summer months I worked about 60-70 hours a week with no additional compensation for 4 months straight. I do receive a weeks paid vacation time and 5 sick days a year. During the winter months I do not have to work as much, about 40-45 hours a week.

This is my first salary job and I have always felt as though I was being screwed. My question is, am I? Should I have been receiving overtime all along? If so, is he required to pay me now for the last year? If so, how is he required to pay it (lump sum or installments)? I would really like to know since we are getting ready to expand with another part time vet and 3 more staff members within a month.

Sincerely,
Isaac

isaac_kramer
01-04-2007, 09:39 PM
PS- The bonuses of $70.00 a paycheck are not guareented but are commission from Wellness Plan sales that all employee earn. Some checks it has only been $36.00 dollars while other have gone as high as $150.00. To date for the 2006 year I have only made $1,523.00 in Wellness plan bonus and $1,609.16 in insurance bonus. My check also states an hourly rate of $9.9520.

Thanks.

Pattymd
01-05-2007, 04:14 AM
Based on a guaranteed "salary" of $20,700, that's a little less than $400 per week, which is less than the $455 per week the FLSA requires for exempt employees (except in limited situations, which don't appear to apply here).

You can file a claim for the unpaid overtime with the state Dept. of Labor. Although, I just noticed that you are in Ohio, so the state will probably refer you to the federal DOL. Ohio defers to federal in the vast majority of wage and hour regulations. If the DOL finds for you, the employer will be ordered to pay you in one lump sum; it's unlikely that the DOL would let him pay you in "installments".

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