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View Full Version : Can my company do that? Maryland


krdanza
04-10-2007, 11:12 AM
I am a salaried employee. My company says I am not eligible for OT. However, the company I am subcontracted out to had a special project and requested I work additional hours. This was paid to my company separate from my normal contract. Now my company says I am not entitled to that money because I am a salaried employee and am expected to occasionally work extra hours and weekends. Is this legal? Can they keep that money?

Beth3
04-10-2007, 11:57 AM
Salaried is merely a pay method. If your position qualifies for exempt status under wage and hour laws, there are no circumstances under which your employer is obligated to pay you overtime - even if the company you are subcontracted to pays your employer for additional time you work.

ArmyRetCW3
04-10-2007, 06:07 PM
The fact that an employee is being paid a salary, does not make him an exempt employee, only the application of the law is the overriding factor -

The job-duties of the employee is the determining factor. Here is some information that may help to make a rough estimate of whether these exemptions may or may not be applicable.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

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