rlrobinhood
11-29-2007, 06:56 PM
Hi all,
I just found this site tonight and I think I found a new home!! This is great. I stumbled across it because I was looking for information. Here's my gripe:
My wife is salaried and probably considered a supervisor. Her employer is some what unclear on this, but I think she would legally be considered a supervisor. She works for a market research company and is an account manager for them.
Anyways, I am tired of coming home and my wife not being here. Is there a maximum number of hours a salaried employee can work without receiving some sort of additional compensation? She probably works 60-80 hours a week.
Thanks a million. I'm just a frustrated husband.
BSPCPA
11-29-2007, 07:33 PM
If your wife is properly classified as an exempt employee, there is no "maximum number of hours a salaried employee can work without receiving some sort of additional compensation?"
The issue in these type of cases usually turns on whether your wife is properly classified as exempt vs. non-exempt (e.g., does she spend more than 50% of her time performing supervisiory/management duties vs. "actual" work?).
Point being: If your wife has been incorrectly classified as a salary exempt employee, then she may have a valid claim for overtime premium when she works more than 8 hours in a day and/or 40 hours in a week. Without knowing what duties your wife actually performs during the day, it's impossible to say whether she has been properly classified.
rlrobinhood
11-29-2007, 07:40 PM
If your wife is properly classified as an exempt employee, there is no "maximum number of hours a salaried employee can work without receiving some sort of additional compensation?"
The issue in these type of cases usually turns on whether your wife is properly classified as exempt vs. non-exempt (e.g., does she spend more than 50% of her time performing supervisiory/management duties vs. "actual" work?).
Point being: If your wife has been incorrectly classified as a salary exempt employee, then she may have a valid claim for overtime premium when she works more than 8 hours in a day and/or 40 hours in a week. Without knowing what duties your wife actually performs during the day, it's impossible to say whether she has been properly classified.
How do you find out if she is classified as exempt or not. I'm a federal employee and it is on my paycheck and sf50's. Is there something simialar for private sector? Thanks a bunch!
ArmyRetCW3
11-29-2007, 08:50 PM
Here is some information about exempt and non-exempt employees...
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fairpayprintpage.asp?REF=fs17a_overview.htm
martinigirl
11-29-2007, 09:44 PM
Keep in mind that in CA, the salary must be higher than Federal to meet the professional, administrative or professional exemption requirements. Refer to this link: http://www.dir.state.ca.us/t8/11150.html
"...earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment..."
Minimum wage is $7.50/hr now so that would be $600/week or around $2,400 per month. Minimum wage goes up to $8.00/hour on 1/1/08.
There is no law requiring private sector employers to post exempt or non-exempt status on the paycheck. I doubt that public sector employers are required to do so either, even if some do.
Pattymd
11-30-2007, 02:28 AM
There is no law requiring private sector employers to post exempt or non-exempt status on the paycheck. I doubt that public sector employers are required to do so either, even if some do.
Having recently left a muncipality Payroll Manager job, I can say it wasn't required in that state. I am unaware of any requirements for federal government employees, either.