I am an insurance agent in Pennsylvania. My employer pays a base salary plus commission. At the suggestion of a friend, I’ve checked on www.dol.gov and on the EEOC site to see if I may be entitled to any overtime compensation.

1. Am I correct in reading the exemption for Administrative Employees? Because I have an insurance license and I exercise “discretion and judgment”, I’m not able to recoup any of the extra time I’ve worked during my 55-70 hour work weeks over the last 5 years. When taking the position, I was promised ‘comp-time’ for extra hours put in at the office but I’m not permitted to take any.
2. My employer emailed me at home instead of using my work email address which I think was improper to begin with. I was informed that she will require 48 hours notice for any personal or sick days. Personal days I understand but can she legally require 48 hours notice if I’m sick?
3. Lastly, it’s a family run office. Aren’t all employees entitled to the same treatment, standards and rules? If the receptionist comes in late by 3 minutes twice in one week, an email is sent out to all employees stating that the hours of operation are 8:30 to 5 and being tardy won’t be accepted….. at the very same time, one of our agents doesn’t show up for several days. If he does show, he’s drunk or high. There’s never a mention of that because he’s a family member. I know it’s not fair but is it a legal?

I know my office is extremely dysfunctional and I’m trying to open my own office with the financial help of a current client. Once I get there, I’ll have to ask about my “no compete agreement”. Thanks for any help / responses.

1. I would think, if anything, it would be the Administrative exemption that would apply.

2. Improper, I don't disagree with. Illegal, no. Legal to require advance notice of sick days? Not illegal, but IMHO, stupid. Who plans illness 48 hours in advance? :confused:

3. Not all employees need to be treated the same. Such different treatment is only illegal if the reason for the disparate treatment is because of a protected characteristic under the law, such as age, race, gender, religion, etc. One of the drawbacks of working for a family-run business; family gets preferential treatment and it's perfectly legal.

When you get to the noncompete review, you'll need to have a local attorney versed in employment/contract law review it. In fact, you might want to do that now. The enforceability of such agreements differs by state and the devil is often in the details.

I appreciate your assistance and thought that I might be on the short end of the stick in this situation.

I have passed the no compete agreement to a corp. attorney but will also get it to a contract attorney.

Thanks again for your help.