Legal Question in Employment Law in Maryland

I am an excempt salary employee. Is there a limit to the number of hours that I am required to work without being compensated above my base salary. Example working 235 hours in 2 weeks while getting paid for 80 hours.

Asked on 9/17/12, 7:07 am

1 Answer from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

The real question is probably whether you are properly classified as "exempt". You may want to examine that with an attorney who is knowledgeable about such issues. If you ARE exempt then the FLSA specs don't apply to you that way. Frequently though, employers classify workers as exempt when that classification is actually not valid, and the distinctions can be subtle.

On the one hand, a lawyer working for a law firm, is an exempt professional. So, young associates at law firms who frequently work long long hours for their bosses have no complaint under the FLSA and there really isn't any room to argue otherwise.

On the other hand, an employer who has classified someone as "administrative exempt" can require a more subtle analysis of the exact nature of the training and background of the purported exempt personnel, the exact nature of the duties performed, and other factors.

For example, suits have been brought on against certain retail outlets (particularly coffee shops) because alleging that the "managers" should not be paid salary because they spend 90% of their time taking orders at the register or making the coffee as a barrista.

If you have been improperly classified, you could have a claim against your employer for failure to pay overtime, and depending on the salary rate, perhaps for min wage violations.

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Answered on 9/18/12, 6:59 am

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