Overtime & Comp Time

Should I be considered a salaried employee or hourly?

When I was hired at my current place of employment I was hired as a salaried employee. I have a written agreement for a salary amount. When my paychecks come there is an hourly amount on it multiplied by 80 hours (for 2 weeks.) I also had a verbal agreement with my manager that any amount of "overtime" I worked would be used as comp time for when I need to travel, and if I went over the amount of "overtime" I had accrued, only then would I need to take time off unpaid.

Last week I took two days off for the Fourth of July weekend. I was told by my supervisor (not who I had an agreement with) that I needed to submit a time card. I informed her that I don't do a time card because I'm a salaried employee. She said that because I took time off, I'd need to take it unpaid. She said she discussed my "agreement" with my manager and was told that comp time was not an option.
I guess what my question would be is should I be considered salaried or hourly, and whichever I should be, should I be paid for overtime? As they are now saying that all those hours of "overtime" I worked (with the intention of using that time against my vacation) hours worked for free?

Another question I have is: I was told I should be in the office between the hours of 9AM and 5:30PM and I should take an hour lunch. Multiply this by 5 days in a week, and I come up with 37.5 hours for a work week. I figure that any hours worked over 37.5 would be considered "overtime" do you agree? I very rarely get time to take a lunch, therefore when I work 9AM-7PM I consider it a 10 hour day (7.5 regular + 2.5 O/T)

Let me know.
Thank you!
Overworked in Pittsburgh

1 answer  |  asked Jul 13, 2003 10:26 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You may be an hourly employee.

From the facts in your question, you are likely an hourly employee, and are owed overtime pay (time-and-a-half) for all OT hours worked. This is most likely why your supervisor said 'comp time is not an option' - because under the law, employers of hourly employees must pay in cash, not time. You may also be owed certain benefits, such as vacation pay, depending on how 'hourly' employees are paid these benefits.

However, whether you are due overtime pay is determined by a complex balancing test with almost 20 factors to consider. I cannot give you a thorough opinion based on the facts in your question alone. Therefore, if you wish to discuss this issue further, please feel free to call me at (610) 660-5585.

Christopher E. Ezold
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004

posted by Christopher Ezold  |  Jul 14, 2003 08:37 AM [EST]

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