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FLSA law question Massachusetts

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  • FLSA law question Massachusetts

    Hello,

    I have read online about FLSA laws but I am confused if I am protected due to my type of work (repetitive in nature) to be paid for anything more then 40 hours.
    Below is info on my job and company but I'm still confused if I have a case under the FLSA laws and am not sure how to proceed in finding out the answer:
    Title: Accounting Clerk (Accounts Payable and Accounts Receivable), which is work that is repetitive in nature.
    Company: Not public so not sure how much they make per year which seems to be a requirement amount that relates to the FLSA laws.
    Hired contract states: Salary but does not specify exempt of non-exempt in writting however verbally my Supervisor stated that I am exempt.
    The company is expecting me to stay for many hours above the 40 hours, often. They have not stated how many hours but my team usually stays from 8:30 AM - 8:00 PM or later.

    Thanks in advance.

  • #2
    Probably Non-Exempt and overtime is probably due.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Based on your post, agree, sounds like non-exempt to me with OT due when applicable.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Salary, non-exempt or exempt for overtime

        Thank you for the quick reply and helpful feedback Daw and Betty 3,

        Would you happen to know where there is documentation that I can show my employer? I have been told to utilize www.wagelabor.dol.gov, fact sheets, and then Administrative Duties Test 17R and 17c but do not see where it clearly states that I would fall under Salary, non-exempt. Any suggestions or advise on how to find clear information about Salary, non-exempt or exempt for overtime would be helpful.

        Thanks in advance.

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        • #5
          It's the other way around. All employees are automatically nonexempt unless the employer can justify exempt status based on duties and (in most cases) salary.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Agreed. All employees are inherently Non-Exempt until/unless the employer can show that one of the many Exempt classifications can be qualified. Past that, "salaried" is just a payment method that means next to nothing by itself. Any non-exempt employee can be paid on a salaried basis as long as the rest of the non-exempt rules (MW, OT) are followed.

            The key is that there are something like 100 or so Exempt classification, meaning Exempt from minimum wage or overtime or both. There are exactly 4 Exempt classifications that tend to require that the salaried basis be used (Administrative, Executive, Professional, and IT Professional), and even some of those have certain exceptions to the salaried basis requirement.

            I will include a pointer to the Administrative exception requirements. Job titles per se are legally meaningless. The law instead looks at actual job duties. More importantly, FLSA is a 1930s law, meaning that there are 70 plus years of administrative and court decisions on just who does and does not qualify for this exception. Someone who does a lot of repetitive clerical work does not qualify.

            Keep track of all hours worked, particularly unpaid hours. Given the reality of our modern economy, sooner or later you will change jobs. On your way out the door, file a wage claim with your state's DOL for unpaid overtime. It works or it does not, but if you wait until you are already leaving, you can not be fired for filing the wage claim. (Yes, I am aware of the theory that firing someone for a wage claim violates the Public Policy rule in most state's law. That just means that the employer will claim a different reason for firing the employee. There are no sure things in this world).
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Salary, non-exempt or exempt for overtime

              Hello DAW, Pattymd, and Betty3,

              Thank you so much for all your assistance with the salary, non-exempt or exempt for overtime clarification. Very helpful.

              Wishing you all a great day!

              Thanks again!

              Comment

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