Salary Half Time

I am an Administrative Assistant for a seasonal manufacturing company. We are required to work overtime as dictated by our corporate headquarters. However, I was hired in as "Salary Half Time". This means that for each hour of overtime I work, I should receive one hour of comp time plus half my hourly rate in the form of money at the end of each pay period. I currently make $11/hour. So my half-time rate is $5.50/hour. This is below the Federal Minimum Wage. Is this fair? And if not, what can I do about it?

1 answer  |  asked May 6, 2008 10:04 AM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
FLSA-Wage and Hour problem

Dear C. Smith,

You may have a federal Fair Labor Standards Act claim. If you are a non-exempt employee, there is no such thing as "comp time". You must be paid at least the minimum wage for every hour you work. Also, if you work over 40 hours per week, you must be paid 1 and 1/2 times your hourly wage for all time worked in excess of 40 hours. (The trigger for overtime is 40 hours per week. (There is no daily trigger value. For example, just because you work a ten-hour day does not mean you are eligible for overtime).

It does not matter if you
are called "salary half time". It depends on whether you are accurately classified as exempt or non-exempt. (see http://www.dol.gov/dol/compliance/comp-flsa.htm)

So, what can you do about it? You can file a complaint with the Department of Labor and they will investigate. Or you can hire an attorney to help you possibly get your back wages (times 2) plus attorney's fees.

Regards,

Neil Rubin

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  May 6, 2008 2:50 PM [EST]

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