I work for a bank and became a salaried employee when I became one of the managers in the branch. I have never had any employee report to me, and my job description is sales, non-commissioned. I am responsible for bringing new business in, loans, deposits, etc. Recently the bank informed the sales force that we had to be hourly, not salaried, because no one reports up to us. Nothing was said about the amount of OT that we have put in while being paid as salaried employees. We were also told that we aren't considered managers now. I read that the lookback period is 3 years, do we have a legal right to request OT pay because we should have been hourly employees?

1 answer  |  asked Jul 12, 2008 3:48 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You may have a valid overtime claim

Whether or not you were entitled to overtime depends on the nature of your duties. The bank cannot avoid overtime simply by calling you a manager. Based on your question, it appears that your duties were such that you were entitled to overtime.

Disclaimer: whether or not you were "exempt" from the overtime laws is a factual matter and cannot be determined conclusively in this answer.

If you were entitled to overtime, then you would have a claim going back two years. If you can prove that the failure to pay you overtime was "willful," the look back period expands to three years. In addition, you would be entitled to "liquidated damages," which is an amount equal to the unpaid overtime.

If you would like a further evaluation of whether you were exempt and whether the bank's violation was willful, contact me at Neil@fklaborlaw.com with the number of hours that you worked each week for the last three years (estimates are sufficient) and the number of other sales employees in the same circumstances as you.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Jul 13, 2008 07:30 AM [EST]

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