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Salary Exempt Employee 70 hrs Week Texas

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  • Salary Exempt Employee 70 hrs Week Texas

    Hi. I am a Supervisor for a non-profit organization for mentally retarded adults who live in group homes and in foster care. I am considered an exempt employee. However, I was asked to document my time sheet 8a to 4p M-F. I insisted that I document my timesheet with the hours I actually work. My ED informed me, " It didn't really matter due to me being an exempt employee." A "normal" workweek for me ranges from 50 to 70 hrs per week. I am paid bi-weekly. Any hours worked over 80 bi-weekly is basically free labor to this company. Is this legal? I have been employed with this company for 2 years and have accumilated over 240 to 340 hrs in OT during this time period. Is there any possible way I can collect this OT? I have been the only supervisor for this company for at least a year without any help from my so-called "team" members. I have missed out on so many family occations due to my On-Call status. I have in the last 9 months "trained" 2 new supervisors that have actually came to my rescue. I am terribly worn out and requested 2 weeks vacation and was approved, but taken from me, only to receive 1 week 1 month later. Any helpful information would be greatly appreciated. I love my job and I am a single mom and depend on my job for finacial security. Please, help me want to stay in my current position to help these special people to be safe and independant in the community. I am considering a career change due to the company not acknowledging my OT and devotion to my special people. How do I get OT being an exempt employee?

  • #2
    You are to be commended for your committment to people that need your help. However, if you are properly classified as an exempt employee, there are no circumstances under which you are entitled to any additional compensation or benefit for working (even consistently) over 40 hours in a workweek.

    If you want to keep track of the actual hours you work just in case it turns out that you are misclassified, you're certainly free to do so. However, time sheet instructions from the employer are exactly that; company procedures.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Notification of exempt/non-exempt prior to employment?

      Thank you for your response. I would like to know if being exempt or non-exempt is a requirement to be explained prior to employment? I was not aware that I was exempt when hired. Would I have a leg to stand on there?

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      • #4
        Originally posted by Catannaz71
        Thank you for your response. I would like to know if being exempt or non-exempt is a requirement to be explained prior to employment? I was not aware that I was exempt when hired. Would I have a leg to stand on there?
        While I agree that offer letters often explain if the position is exempt or non-exempt, it is by no means required to state the same by law.

        FLSA defines what's exempt and non-exempt. It's your "primary" job duties that makes this determination (Overview). As pattymd suggests, if you are misclassified, you may have an unpaid wage claim.

        During the interview process did you discuss work hours and if overtime pay would be available?

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        • #5
          My initial interview was 2 years ago, however, I do remember being told that OT would be expected during On-Call Status (which was scheduled as every other week) and depending on the need of the company. The position was split between 2 supervisors which rotated on-call every other week. I was employed only 1 month (not anywhere fully trained as of yet) when I was expected to preform my duties alone, without another supervisor, without anymore training except for what I had to teach myself as I continued. I did this for 15 months without rotation with another supervisor, help from my team members, or vacation. Not only did I have to be on-call, but I also had my regular 8 to 5 office administration duties, hiring/firing, corrective actions/ medication errors, moving clients, transportation issues, picking clients up from State facilities and setting them up in their group home (physically moving their belongings, such as furniture, in my personal vehicle). I could go on and on. My ED would always tell me to, "Make it happen.", and I did and still continue to do this. They finally hired 2 more supervisors to help me with my duties, when of course they could get them approved in the budget, but mainly because I just couldn't continue without costing the company money by being admitted to the hospital for physical exhaustion. I did not know I would be working for 15 months, 70 hrs a week, handling stressful situations without any help from co-workers. I am very dedicated and devoted to my special people, and will do what it takes to make sure they are very well taken care of. Being an exempt employee would have been nice to know at the time of hire, and explaining exactly what would be expected of me would have been nice as well. I can't say that I would not have taken the job if I would have known, but after all I have done for this company, you would think they would consider some kind of acknowledgement either by back paying me for some or all OT or some kind of bonus, or something?

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          • #6
            I don't think that anyone here disagrees that a 70+ workweek on a continual basis is a bit excessive. I'm not sure that I could have lasted as long as you.

            We are only pointing out that if correctly classified as exempt under FLSA, you'd have no expectation to additional compensation because of extra hours worked. From your brief description of your job duties, I have a strong feeling that you are indeed classified correctly as exempt.

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