If I am changed from non-exempt to exempt in the middle of a workweek, do I still get OT that directly applies to my time as non-exempt? [Virginia with no daily OT law] For example, I worked Mon-Thurs as a non-exempt person, a total of 43 hours. Then Frid

If I am changed from non-exempt to exempt in the middle of a workweek, do I still get OT that directly applies to my time as non-exempt? [Virginia with no daily OT law] For example, I worked Mon-Thurs as a non-exempt person, a total of 43 hours. Then Friday is the date of my job change and I'm exempt and work 9 hours.
Maybe the exempt hours won't count towards non-exempt OT calculation, but do I still get the 3 OT hours even though I'm exempt by the end of the workweek?

1 answer  |  asked May 16, 2016 12:05 PM [EST]  |  applies to Virginia

Answers (1)

Matthew Sutter
Whether or not you are properly considered "exempt" is not determined by the whimsy of your employer. Its determined by the law. Drop me a line for a free 1/2 hour consult and we'll see if your employer did the right thing by reclassifying you to eliminate your overtime.

Matthew T. Sutter, Esq.
Wade, Friedman & Sutter P.C.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted by Matthew Sutter  |  May 17, 2016 4:34 PM [EST]

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