Legal Question in Employment Law in Maryland

Re: Overtime

It is only legal to make a position salaried and not pay OT if the position comes under one of the exceptions recognized by the Fair Labor Standards Act (FLSA). That is the federal law that regulates overtime and other wage and hour issues.

The exceptions are complicated (as is the caselaw that applies them), but they boil down to whether a person has discretion in his or her job or just does the job as it is mandated by the employer. If so, they can be treated as salaried ("Exempt"). There are also certain exceptions for certain jobs which make them exempt from the law.

In order to find out whether you are being paid properly, you will have to discuss the details of the operator job with either an attorney or the Department of Labor. You can either call the DOL wage and hour division to discuss the matter, or feel free to call me for a complimentary consultation.

Bear in mind that the company will not take kindly to your initiating such an investigation and might retaliate, although that is illegal. Also, if back overtime is due, it can be very expensive for the company. They might have to pay up to 2 or 3 years of overtime for every operator, plus liquidated damages which can double the amount due.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Re: Overtime

See Mr. Sheldon from Tampa's answer -- he is correct. If you are located here in Maryland, please feel free to contace me if you would like to chat -- it is unlikely that that a printer position is exempt from overtime.

Re: Overtime

The FLSA sets forth the classification for workers in terms of salaried vs. hourly. This matter really comes down to the overall compensation that you are receiving. This is a matter that requires an attorney's assistance.