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 Is it legal to make salaried employees work more than 40 hrs a week without flex time or some other benifit?
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Mac
Is any of this illegal?
I work for a small non-profit organization with five employees. We are salaried. We get no breaks during the workday, and we often come in early and have to stay late. We don't get overtime, but I'm not sure what the exemption rules are. Is all of this legal? What are the exemptions for overtime?
                     
 




Bill
Go to your HR department, if you don't have one for 5 people, go to the person that hired you and state your issues. They must have the employment laws posted. If they don't go to your state department of labor. Not all salaired employees are considered "exempt". Your local department can determine "exempt" and "non-exempt" status. If none of that works, get others to join in and demand better work conditions, it is amazing what you can get when you ask for it. However, be ready to walk out.


ehhh
If you work an 8 hour shift, the law states that you are mandated a 30 minute break. I was in your position too so I did some research and found they can't legally give you no break if you work a minimum 8 hour work day.


Rush
Rating
I dont know, but i think no lunch time is weird, I can not say if you dont have lunch time that means it is illegal, because the laws i have seen so far do not mention if there is any limits on the number of breaks the employees can take during the days. so i think all of the above are legal. the problems are that your boss does not believe in humanity, that is the problem you guys need to talk with him that you guys need breaks for the lunch.


Bert
I believe this is a question for your state's labor relations agency.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm looks like it might be a good place to start your research.

Good luck!


wolfsmoon71
What state do you live in? Labor laws very from state to state. Here in NC the law does NOT require breaks to be given. Salaried employees don't get overtime.


Smiley
Rating
Check with your local labor department. They will know the laws for your state. There are state laws and federal laws. The state laws only take priority if they are more strict than the federal laws.

Also some people on salary do qualify for overtime, management may be exempt but not all people on salary are.


onandonandonanon
saleried people don't get overtime, thats why you are on salery!


Josh
Rating
i think it's illegal if you don't get a break for a full time shift. you need a lunch break.


Just Lisa
You are salary. You don't get overtime.

But you should be entitled to at least a half hour lunch break...


Chloe B
Rating
Idk but I would still yalk to the manager and would talk to people working at a courthouse about cause it sounds pretty illegal to me.


alwayz_in_charge
Yes, not getting paid for over-time is illegal and you can report this to the better business bureau. After filing the complaint they will investigate and if they find your employer guilty of such accusations they will make your employer back pay each employee for all of the over-time.


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