hi all,

i just found this website. couple of questions.

i work as a local delivery driver in pennsylvania.

we are scheduled to work 45 hours a week on a salery basis.

The employer keeps adding on and telling us that we have to do the extra work with no compansation.. IS this legal???

also shouldn't anything over 40 hours a week overtime??

any help would be appreciated.

Gary

Generally speaking, yes. Even if you are paid on a salaried basis, you must receive overtime if you work more than 40 hours in a work week. Also, on a salaried basis, your gross pay cannot be docked if you work less than 40 hours in a work week.

Contact the state Dept. of Labor to discuss this with them. It is likely you will be able to file a claim for unpaid overtime. (gee, seems like I just said this somewhere else) :D

Thanks for the help. :cool:

No problem. Good luck.

oops... forgot one thing...

We have no time clock or any type of time card whatsoever.

How would you prove that we are working overtime??

In these cases, the agency or court (if it gets to that) normally takes the word of the employee and forces the employer to prove that the employee did NOT work the hours claimed.

And, when it is discovered that the employer does not keep records of the hours worked by nonexempt employees, they will be fined for that also, as it is a violation of wage and hour laws, both state and Federal.

In the future, keep your own records, if you are not already doing so.

Ok PattyMD.

Here is the layout. Should i be exempt or Non-exempt. Which Classification should be paying overtime???

delivery driver with cdl. local delivery's. home every day. One day a week i have to travel into another state, but again home every night.

Not a trucking company, a wholesale business with their own 26 foot box trucks.

load trucks, deliver the goods, back to shop and unload truck and do daily paperwork.

$425.00 Weekly salary For 45 Hours Per Week. No overtime being paid

Just wanting to know before i drop the bomb.

Thanks for all the help... This site rocks

Nonexempt. No question in my mind.

Does that mean Overtime???

Yes, it does.

PattyMD,
Thanks for the help. I will let you know what the outcome is!!! ;)