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Salary Employee Working 24 HRS. Straight...OVERTIME??? Nevada

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  • Salary Employee Working 24 HRS. Straight...OVERTIME??? Nevada

    I manage a group assisted living home for the elderly. I have been forced to step into the role of caregiver the past several weeks, while continuing to do my actual job as manager. I am juggling many, many duties. I have had to work two 12 hr. shifts back to back and turn around twelve hours later for another 12 hr. shift. I am not only fulfilling my duties in which i was hired as manager, but i am also working as a caregiver. Am i entitled to overtime pay as I am a salaried employee? How can my employer work me 60hrs. in four days without compensation?? Am i considered an exempt or non-exempt employee considering its manual labor of transferring people, etc?? PLEASE HELP ME!!!

  • #2
    If you are still performing the job as a manager it is unlikely that you are now non-exempt just because you are filling in for someone. During the 24 hours, are you not sleeping at all? Why are you doing both jobs now? Is this just temporary because someone left?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      That is correct, during the 24 hrs. I am not sleeping at all; in fact it is a solo shift. I work alone on the graveyard and there is no one to relieve me for a break. I have had to do it twice in the past thirty days. When I was hired I was told that I would run the day to day operations of the business, not that I would have to work as a caregiver as well. Currently I am working as a caregiver and fulfilling my managerial duties. I work four 12 hr. shifts taking care of the residents, which requires much physical labor considering my residents are full assist transfers. On top of that I make all the meals daily, clean, shower, etc. I read that I may be non-exempt, that just because I have title of Manager, more that 20% of my duties are non-managerial. Currently, I am putting 200% of myself into this job. The administrator fired my full time caregiver, which is why I was forced into this role. Can it be true that I am non-exempt considering the work I do?? This to me is insanity, I can't see how it is fair to work me so much without compensation! I appreciate greatly the info. as I am going to my superior to state my opinion...payday is friday, and if I am rightfully owed compensation, I was to be prepared with legal proof. Thanks again!
      dri

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      • #4
        The 20% rule doesn't apply here. You may or may not qualify as exempt but the performance of duties that would qualify as exempt does not automatically put you in that category. I would speak to your employer about the shifts and when you can expect to get a new caregiver. http://www.dol.gov/esa/regs/compliance/whd/whdfs25.pdf
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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