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  #1  
Old 11-10-2006, 07:57 AM
p2consulting p2consulting is offline
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Default Nonprofit overtime Iowa

Please give me some input as to whether my employer (a not-for-profit museum) is breaking any laws by underpaying a nonexempt co-worker for her work beyond 40 hours per week. She puts in a full 40-hour week as a receptionist, and often adds in at least 10 hours on the weekend for events coverage. For the ten+ hours, she is not being paid the time - and - a - half. She does receive a lesser rate.

Is there a law being broken?

Since she supervises volunteers, could she become exempt?
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Old 11-10-2006, 08:38 AM
Pattymd Pattymd is offline
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Not unless she's ALSO a volunteer, which it doesn't appear she is. Non-profits are not automatically exempt from the overtime provisions of the FLSA. The "non-profit" characterization is relevant for taxes only.

Is this a private employer or a government entity/quasi-governmental agency?
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Old 11-10-2006, 08:45 AM
ElleMD ElleMD is offline
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So your receptionist supervises the volunteers? Is she responsible for the overall volunteer program? Or does she just give general directions since she is presumably the first person they encounter?
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Old 11-10-2006, 10:45 AM
p2consulting p2consulting is offline
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Default Nonprofit Overtime Iowa2

Question #1 reply: The organization is a private nonprofit museum governed by a voluntary board of community members.

Question #2 Reply: The receptionist is supervised by the Assoc. Director, who technically oversee the docent program. However, the receptionist really does all the coordination, but not the training of docents.
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