Legal Question in Employment Law in South Carolina

exempt or non?

I am--name removed--nurse educator for--name removed--hospital. I am part time and work 24 hours--name removed--week. I do not clock in or out I just get paid for 24 hours work at an hourly rate. Am I exempt or non exempt. Can my employer make me work more than 24 hours without paying me? I am not talking overtime just my base pay? I feel I am being taken advantage of and want to know what they can legally make me do and what I can refuse without fear of losing my job. I work pt b/c I have kids and I only want to work 24 hours--name removed--week. Note too that I pay more for my health insurance and have no disability coverage b/c I am part time. Can they make me work full time hours and still deduct benifits from my check at part time scale.

Asked on 8/24/08, 1:47 pm

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: exempt or non?

The answer depends on whether your position is exempt from the Fair Labor Standards Act provisions. This is a highly fact-specific inquiry and depends on various tests being met. For more information on FLSA, see the Department of Labor's website on the FLSA exemption laws at

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Answered on 8/24/08, 1:50 pm

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