Legal Question in Employment Law in Alabama

Overtime Employer Loop Holes

My husband was not clear on the FLSA and questioned his own classification (non-exempt salaried or exempt salaried). He approached the Human Resources dept of his employer/company for help. They told him that he was not entitled to over-time compensation. He then asked for documentation showing evidence that the position had been evaluated. They could not produce any, so he asked if they would please evaluate his position. Months went by before he received a response. After the evaluation, they switched him from salary pay to hourly pay.

A week later his boss tells him he will be working 1/2 day the following Saturday. His boss also tells him to leave early on the next Tuesday. My husband was concerned and asked him about the overtime compensation. My husband thought he was going to be given time off instead of money, but instead his boss was cutting his schedule short by 4 hrs, so he would not receive overtime for Saturday. Is this Legal?

Thanks


Asked on 1/16/03, 3:40 pm

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Overtime Employer Loop Holes

Whether or not your husband was exempt from overtime is very difficult to determine. The law and Department of Labor Regulations are not very clear, but there are a lot of cases interpreting them that give further guidance. It is a very fact specific issue - what exactly was your husband's position and job duties.

An employer need not give you any certain number of hours. Thus an employer need not give you in excess of 40 hours/week for work. However, an employer cannot retaliate against you for complaining about your FLSA rights. Thus if your husband's salary was reduced as a result of the shift from "exempt" to "hourly" then there is a serious violation and you will need legal advice immediately. You may also have a claim for back overtime (damages are doubled and you can go back up to three years from the date that you file a lawsuit). I would honestly need to know a lot more to answer your question in depth. Please feel free to give me a call at 205-458-1100 and I would be happy to talk to you in depth.

Sterling L. DeRamus

Attorney at Law

2015 First Avenue North

Birmingham, Alabama 35203

205-458-1100

[email protected]

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Answered on 1/16/03, 4:06 pm


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