Employees who work as hourly employees are excited when they receive a promotion, a raise and are told that they are now a salaried employee. Life is good! They don’t have to take breaks at predetermined times and don’t have to punch a time-clock. They have moved up in the world. That’s the good news.
The bad news arrives when they find that they are now working a lot more than 40 hours a week. Technically, a salaried (or exempt) employee is paid a set amount per week to get the job done. If the worker is able to accomplish those tasks in 35 hours per week, that should be fine. However, anyone who has ever worked as a salaried employee for a large corporation would laugh at that statement. Salaried workers are frequently unable to finish their assigned tasks in less than 40 hours a week. View website for more info.
The difference between an hourly (nonexempt) position and a salaried (exempt) position is legally defined under the Fair Labor Standards Act (FLSA). However, the employer often puts their own interpretation on that definition. Generally, exempt positions are those considered executive, supervisory, professional or outside sales. The ‘professional’ and ‘outside sales’ categories are broad. Over time, many businesses, especially large corporations, have expanded the definition of ‘professional’ or ‘outside sales’ far beyond what many people would consider reasonable. This allows the businesses to avoid paying overtime to anyone labeled ‘exempt’.
For example, the technician who responds to the call to install or repair a cable or satellite TV connection is assigned so many calls a day by the employer and is expected to complete all of them before going home. While speaking to the homeowner, the technician might be asked a question about the service and make a recommendation. Does this mean that the technician is working in a ‘professional’ and/or ‘outside sales’ capacity? If it normally takes more than 8 hours a day to complete all of the work assigned, should the technician be paid overtime? The answer could be, “Yes.”
Connor, Morneau & Olin LLP are Labor Law Attorneys Northampton MA. They are dedicated to defending the rights of employees who have been wrongly treated by their employers. Anyone who believes that they may be entitled to overtime pay but are not receiving it, should consult these Labor Law Attorneys Northampton MA. Call or contact the firm at their website.
