Legal Question in Business Law in Virginia

salaried associates

i was hired to work 45 to 50 hours per week/recently the company demanded us to use our day off to attend a company meeting/also starting in sept. we are required to have only one day off per week and sometimes not even that until mid. jan. is this legal.


Asked on 1/11/09, 8:23 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: salaried associates

If you are a salaried employee you are sort of screwed in that regard. You are not being paid by the hour so wage laws don't apply.

You COULD say that they were deceitful in misrepresenting the job as 45-50 hours and then for the same money asking more time.

But you can expect them to "FORGET" that they ever said 45-50 hours a week and deny it, and say that your salary is for whatever work is needed.

However, it may also depend on the type of work you are doing. If you are paid a salary but doing work that is generally hourly work, the excuse of a salaried employee might not work.

Typically salaried employees who are managerment or professionals are not subject to the wage and labor laws. I don't believe a company could EVADE the wage laws by paying a traditionally hourly employee a flat salary. So it depends a lot on the type of work you are doing.

I have never seen this exactly but I would imagine that if a company is deliberately evading the wage laws, the government would see through the ploy.

So it depends on what kind of work you are doing.

But in general Virginia is a very business oriented State, and not very friendly to consumers and employees in most things.

So whether you file a complaint or not, you are probably going to need to get a different job.

You can start looking for another job now, secretly, and make a move in YOUR timing.

Or if you make a stink about it -- EVEN IF YOU ARE RIGHT legally -- you may be forced to make an abrupt change not on your timing.

So I think it is not a strong enough case to jeopardize your position in a difficult economy.

Use what little time you have to start applying for other jobs. It is always easier to get another job when you have one already!

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Answered on 1/11/09, 11:27 pm


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