Legal Question in Employment Law in Alabama

management overtime

I am a Department Manager & I am paid twice a month. Each check shows: Earnings ... Salary: Hours ... 87: that equates to a 40 hour work week. I usually work between 50 & 60 hours & keep a seperate record of my daily hours. If terminated what are my chances of collecting past overtime pay?


Asked on 3/14/09, 12:49 pm

2 Answers from Attorneys
Gerald Miller Redden, Mills & Clark

Re: management overtime

Whether or not you are entitled to overtime pay in a situation like yours normally is a very fact-intensive issue and the answer is in the details. If you are entitled to overtime, you can collect for 2 years prior to the time you bring your claim, or 3 years if the violation by the company is willful. You should keep that time limitation in mind.

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Answered on 3/16/09, 10:00 am
Randal Ford Ford Firm

Re: management overtime

depends.

If you are a salaried employee your chances or slim. If you are really an "hourly" employee, you may have a case. If you are a "department manager" but really have no managerial duties, i.e. you can't hire or fire people, you have the same job tasks as everyone else, etc. you may have a FLSA case if you are on a salary. Many businesses "call" people managers in order to pay them a flat salary and work them to death, instead of paying over time.

Are there more than 15 employees at this business? Are you REALLY a department manager? Email me and I'll be happy to answer any questions you may have.

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Answered on 3/14/09, 2:44 pm


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