How can you tell if you are a overtime-eligible emloyee or exempt for Salary paid positions?
Thanks

By comparing your job duties with the legally recognized exemptions under the Fair Labor Standards Act. If your job duties qualify under one or more of the exemptions recognized by the US Department of Labor, then you are an exempt employee. If they do not, you are a non-exempt employee.

If the salaried paid job entitles you to work more than 40 hours a week and no compensation is given, is there any Indiana State Labor law that will support our complaint?

Thanks!

ANY job can be required to work more than 40 hours a week. The only question is whether or not you have to be paid overtime for the hours over 40. If you are non-exempt, then even if you are paid on a salaried basis you must be paid OT for hours over 40 in a week. If you are non-exempt, there are no circumstances whatsoever in which you have to be paid a single penny over and above your regular salary, no matter how many hours you work.

But barring a bona fide contract that specifically says otherwise, your employer can require you to work more than 40 hours in a week no matter what your exempt status.

Let me give background for the job that I hold:

I and 2 other Sales Managers at a Locally owned Company are salary based employees. We are told that it is expected for us to work occasionaly more than 40 hours a week.
But our salary is less than the required $455/ week (US Wage Laws Sec 541.604) So, we are considered non-exempt? right?
In Indiana some salaried employees are given comp time or compensation $$ for their over-time hours. I have been researching this issue for a while and really need a lawyer or legal expert to help me out. Can anyone direct me to the laws to look at.

Thanks!

If you are earning less than $455 per week, then under Federal law you are non-exempt. As such, you must be paid overtime for any hours over 40 in a week regardless of whether you are normally paid on a salaried basis or not.

An exempt employee MAY be provided with either extra compensation or comp time if the employer wishes, but there are no circumstances in which either is required by law. (Comp time is illegal for non-exempt employees under Federal law.)

I will post more questions as they come to me, I appreciate all your help!

Thanks!

What do you think my next step should be? Should I confront my Managers first or go directly to the corporate company?

Because I am not the only one involved here, there are a few others in my position.

Let me know what you think?

Thanks again

Myself and another employee are paid $500.00 per week and work overtime every week. We were told by a labor law attorney that we are not contract labor, have not signed contract. When we have to be off work, our pay is deducted and we have NEVER been paid overtime. I have been with this company 1 1/2 years and she has been here since 9/05. My question: Are we entitled to overtime and if salaried, are we not to get paid whether we are here or not. He supposedly pays on 1099 and not W-2. We have never signed a W9 form, and never received a 1099. What is the Indiana law in layman's terms please.

If you don't meet the criteria of an independent contractor, then you are an employee covered by all laws that any other employee is covered by. You got an attorney that told you that. What did he/she advise you to do?

Again, the pay issue is not salaried or hourly. The issue is exempt or nonexempt. http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

He just said he was in violation of the Federal Law. Myself and another female employee had an appointment concerning a sexual harassment lawsuit, and this among other things came up. What can I do about the time off not paid, overtime not paid? My boss does this so he can avoid paying the taxes he needs to pay and workman's comp insurance. He has it both ways. No overtime pay, no pay for being off, and uses the salaried employee to his advantage in both of the above instances.

You can either ask your attorney to follow up, or you can file a complaint with the IN DOL.