PDA

View Full Version : premium pay - Texas - exempt employee Texas


dallas76
02-04-2009, 12:45 PM
Hello All,

was wondering if I could receive some clarification on a previous work experience.
I managed a pharmacy for 3 years working 46 hours a week plus making deposits, dropping off packages every week. I was salaried and based on my check stub showed 40 hours a week. Other managers in my position worked on average of no more than 42 hours a week. Being that I was the only pharmacist during those 3 years, am I obligated for some type of compensation since it was definately not "built" into the salary. The company's policy and procedure states managers should be compensated with premium pay in excess of 42 hours a week for instances where their partner is sick/vacation,etc and should be reported weekly. since I had neither a partner or help, would this help in this case.

Any advise would be appreciated.

JD

DAW
02-04-2009, 12:55 PM
If you are truly Exempt Salaried, then you never have a legal expectation of additional compensation no matter how many hours you have worked. This is a function of a federal law called FLSA, and could be called a standard Labor Law answer.

Now not all law is labor law. Your last few sentences could be read as saying that you think your company's policy rises to the level of an enforceable contract under Contract Law and even if you have no rights for additional pay under Labor Law (and based on what you have said, you do not), that you have a possible Contract Law claim.

Maybe. However, your next step is to take a written documents to a local contract law attorney and see if this really rises to the level of an enforceable contract. Most company policies do not. Employers I have worked for had their company policies vetted by attorneys to make sure that this did not occur. But you might get lucky. The only way to be sure is to have a local attorney review the documents.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements