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over time for salary employees Oklahoma

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  • over time for salary employees Oklahoma

    i am a salary manager of my department over see one employee. i am required to work 95% of my time on the floor just like my one employee. doing the same job plus doing the required managment work. i am required to be on call 24-7 and work weekends. am i entitled to overtime pay. my pay is $ 2750 after taxes each month
    Last edited by ad tech rich; 08-03-2009, 08:20 AM. Reason: add on

  • #2
    You are probably non-exempt (due paid overtime), although technically you should list all of your job duties to be sure. Saying that you are "on the floor" is legally insufficent to determine an exempt classification.

    There are a lot of possible Exempt classification. Saying that you only manage one person means that the Executive classification is not applicable. Working as inside sales means that Outside Sales is not applicable. The Administrative exception is not very likely but since we do not know your actual job dutes, we technically have not yet eliminated that one.

    It would also be useful to know what you are selling. There are some industry specific exceptions (Auto Dealer for example).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      ad tech rich

      i am a maintenace manager for a manufactering plant .i have to repair machines and install machines for the plant. as well as keeping my one guy on task for the days production.

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      • #4
        Sounds nonexempt to me.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          ad tech rich

          what is the best way to bring this up to my employers with out them trying to fire me on the spot. and is there anything i can do if they fire me. who should i contac legally to make sure i am falling under non exempt.. thank you for all your advice

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          • #6
            There is no "best way". There is no certainty that you will not be fired. Your employer is either making an honest mistake or they know darn well that they are deliberately breaking the law. If your employer is dishonest, you have no good expectation of them behaving honestly in the future.

            In theory, if you file a wage claim AND are fired for filing the wage claim, you have a certain legal recourse that is not available if you just talk to your employer and are fired. Of course, any employer who is not a fool will claim an unrelated reason if they choose to fire you.

            If you are really unsure, start keeping notes at home (not using employer's equipment) of your actual hours worked. If at some later date you change employers, file a wage claim with your state's DOL on your way out the door.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Originally posted by DAW View Post
              If at some later date you change employers, file a wage claim with your state's DOL on your way out the door.
              True. You just can't wait forever, though. And note the first bullet point on page 2 here:
              http://www.ok.gov/odol/documents/WHW...rm20090617.pdf
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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