Legal Question in Employment Law in Pennsylvania

Salaried Employees Hours

Dear Sirs:

I have been given an handbook from my employer stating that as an salaried employee I am required to work as many hours as necessary to complete by job assignment. It also states as an salaried employee I am not entitled to any overtime pay or any type of compensation.The company is not corporate just a local family owned business.I would like to know if this is legal under the labor laws in PA.

Regards;


Asked on 2/20/06, 2:38 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Salaried Employees Hours

Yes.

I was just going to leave it at that. But lawyers love to sprout knowledge. As long as your job fits within the exemptions provided by the Fair Labor Standards Act (FLSA) and the corrollary state laws then you can be classified as an "exempt" employee for the purposes of over-time compensation rules. These exemptions, broadly, are allowed for highly compensated persons (though you'd be amazed at how low the definition of highly compensated goes), professional personnel who exercise discretion about how to conduct their work, and supervisory and managerial employees. Anyone can bring a claim against the employer, through an agnecy, to show that a position is not exempt but the burden is on the employee to demonstrate that a position in non-exempt.

This is a highly litigated area of law and many employers face this issue again and again. Go ahead and Google "walmart exempt employee" and read some of the stories.

Hope this helped.

Regards,

Roger Traversa

eMail: [email protected]

Arjont.com

PS - Should you need an attorney at any point please feel free to contact me. Referrals are appreciated. RJT.

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Answered on 2/20/06, 3:22 pm


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