What to do about an exempt status and no overtime pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about an exempt status and no overtime pay?
I am an RN. I work as a weekend option non benefit eligible employee, no paid time off and no benefits. Over a year ago I took a promotion to charge nurse. My status remained the same. Until they made us sign a contract that said we were exempt because we were management. Basically so they would not have to pay us overtime our for our for education. But they still are not paying us for time off. Is that legal?
Asked on August 28, 2012 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no obligation to pay staff vacation, holiday, sick, etc. pay, so if that's what you mean by not being paid for time off, your employer is free to not pay you.
As to overtime and except status: it's not enough to be called management, or to even have signed a document saying you are management. To be exempt from overtime under the "executive" (management) exemption, your job must meet the requirements of the exemption, which includes supervising the equivalent of 2 full time staff (e.g. 2 full timers; 1 full time and 2 half-time; 4 half-time; etc.). You can find the test for this exemption at the U.S. Department of Labor website, under "wage and hour" and "overtime." Look it up and compare it to your job. If you don't meet the test, you may be owed overtime, even if you are paid on a salary, not hourly, basis.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.