need help

My wife is paid on salery based on 45 hours a week. she has not had a day off for 28 days including sundays due to no relif manager available, Not her fault. she is required to keep an office open during business hours which equel 70 or more hours a week. is there some law protecting her.
Thank you

1 answer  |  asked Jul 11, 2002 5:04 PM [EST]  |  applies to Texas

Answers (1)

Margaret A. Harris
Wage and Hour

It sounds like your wife is not being paid for overtime hours. The question is whether she is entitled to that pay. If you cannot afford to go to a lawyer who knows that area of the law, the Department of Labor should be able to help you. I believe they have an office in Dallas, but if not, check their web site. The question of whether she is entitled to overtime is not determined by the fact that she is paid a salary; rather, the law looks at what she actually does on a day-to-day basis and what authority she has. If she is not entitled to overtime under the law, she is pretty much out of luck -- and should try to get out of there as gracefully as possible. I'm not saying "quit," of course -- because it's usually not an affordable option for folks -- and it's also easier to get a job when you have a job. But if the problem is just that her employer thinks it can get away with abusing her for months, and months, she is probably not going to change their minds -- and should for her own sanity (and yours) find a better place to be.

Good luck to you both.

posted by Margaret A. Harris  |  Jul 11, 2002 6:49 PM [EST]

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