I work as a salesman at a privately owned franchise that represents Verizon Wireless in New Jersey. My compensation is purely salary, $32,500, and I work 53 hours a week. I've been working 53 hours a week for the past 5 years. We do not have any employment contract in place in regards to compensation, hours, responsibilities, etc. Am I eligible for overtime pay? If so, could I legally pursue backpay for all the years I haven't been compensated overtime?
2 Answers from Attorneys
The answer is that they may indeed owe you overtime. A colleague of mine indicated that he just settled a similar matter against AT&T so you should touch base with him . It is a free consultation.
Contact: Justin Zeller
Law Office of Justin A. Zeller, P.C.
jazeller (at) zellerlegal (dot) com
Mention that you got his name from Roman Fichman
You can visit my website overtimelaw.com for information about this issue.
That you get a salary does NOT by itself remove an employer's obligation to pay you overtime.
You must ALSO have as your "primary duty" (meaning most important duty) other functions that most employees DO NOT have, such as supervising/managing 2 or more other employees (including power to hire/fire/discipline or at least be seriously involved in those issues). Or be involved in "administrative" functions, such as purchasing supplies, handling HR issues, etc. (sounds like your job is sales so I doubt that would apply). Additional possible issue is a special sort of "lone man on job site" rule that can apply to retail locations if only one person is there and "in charge" of site. So good chance you do have overtime pay rights, but not likely you cannot go back 5 years (3 years is more probably the maximum), but this can be a little complicated, fact specific, feel free to visit my website or give a call, 800-257-4841, I handle many of these sort of cases.