momto2boys
07-15-2008, 08:38 AM
My husbands company is telling all of their salary employees that they aren't working enough overtime. The manager said I worked 62 hrs last week - how many of you did.
Is there a law somewhere that limits how much overtime a salaried employee can be required to work? And if so - can you please post the link?
Thanks!!
Is there a law somewhere that limits how much overtime a salaried employee can be required to work?
This question gets asked a lot. With some very specific exceptions such as airline pilots, long haul truckers and minor children employees, there is no such law.
George100
07-15-2008, 11:20 AM
Sounds like this manager wants more productivity. Seems like he is "setting the bar", kind of like, look what I do, so should you! What is considered "work" at your husbands company?
Pattymd
07-15-2008, 11:39 AM
Sounds like this manager wants more productivity. Seems like he is "setting the bar", kind of like, look what I do, so should you! What is considered "work" at your husbands company?
May or may not be true. Does not affect its legality.
Perhaps, although it never hurts to review the validity of the Exempt classification. To do that we would need to know the industry and the type of work being done by the employee. Changing the Exempt status (assuming that is what the facts indicated) would not by itself put a ceiling on maximum hours worked, but actually having to pay for overtime could reduce the employer's "need" to have overtime worked.
Just for clarification, in 48 out of 50 states, including GA, it doesn't matter whether the employee is exempt or non-exempt, or how they are paid. The employer can require as much overtime as they want to require. (Some industry-specific exceptions apply; also some exceptions if the employee is a minor.)
The only issue is whether or not additional compensation is due. If the employee is non-exempt, then regardless of whether or not they are paid by salary or by the hour, they must be paid overtime for any hours over 40 in the workweek. If the employee is exempt, then no additional compensation is due even if the employer requires, and the employee works, 168 hours a week.
Two separate issues.