My husband is scheduled to be paid on the 5th and the 20th of each month. He works 5-6 days/week on salary of $500/wk, but he works 14-15 hours per night and doesn't recieve overtime - is this legal? And, today is the 4th and we just found out that his boss requested the payroll company to hold off on paychecks until Tues, Sept. 8th putting us and other employees in the hole accumulating late fees, etc. Is this legal also? Thank you.
1 Answer from Attorneys
It is legal to place "some" employees on salary and not pay overtime for hours worked in excess of 40 hours per week. To determine if your husband can actually be a salaried employee will depend upon his job duties. If an employee is not correctly classified and should be paid hourly, with overtime, you should talk to an employment lawyer. I would be willing to talk with you about this matter if you call me.