Working many hours over salaried agreement

My husband was a salaried employee with the agreement being 50 hours a week for $35,000 per year. He consistently worked 7 days a week upwards of 60-70 hrs per week and on occasion even more hours. He was on constant call and at times would be called in at 4:00 a.m. and work until 10-11 p.m. that night. At no time was he given extra compensation for the numerous extra hours worked. Is he entitled to any wage payment for these extra hours? Thank you.

1 answer  |  asked Feb 1, 2003 08:32 AM [EST]  |  applies to New York

Answers (1)

Wayne N. Outten
quite possibly entitled to overtime, but it depends on specific duties and functions

You're right to spot a possible entitlement to overtime for (a) hours over 40 weekly and (b) "on-call" time.

First, the basic overtime issue: The general rule is that hours beyond 40 weekly require time-and-a-half pay. There are three big exceptions, however: salaried employees who are (1) executives/managers, (2) professionals (e.g., doctors, nurses, lawyers, engineers), or (3) "administrative" employees (e.g., non-manual work directly related to the employers management policies or general business operations and that requires the exercise of discretion and independent judgment). And there are many more specific exemptions, such as for many kinds of drivers and agricultural workers.

Unless he meets a specific exemption, he is entitled to pay for the extra hours. As to time he was just "on-call" (apart from the time he actually went in): That also depends on the specific facts, because the factors include (a) how restricted the employee's activities are and (b) how close the employee must remain close to the employers premises.

In short, I would need to know many more facts before determining whether he qualifies for overtime. I definitely think it is worth looking into. You can call my associate, Scott A. Moss, Esq., who has handled many overtime claims; he would be happy to discuss the details further with you.

posted by Wayne N. Outten  |  Feb 3, 2003 3:06 PM [EST]

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