Expert: Edward Martinovich, Esq. - 9/25/2006

Question
Actually, I wasn't thinking about suing because the company didn't hire enough employees. I was more interested in receiving compensation for being promoted to a supervisory position in order to pay a salary to save on overtime and other expenses. So, I guess my question should have been worded -- Can a company be liable for back wages after promoting an employee to a supervisory role, expecting the same amount of work -- usually 50 to 60 hours per week, while paying a salary based on a 40-hour work week?

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Followup To

Question -
I worked for a newspaper in Mid West Central Texas for 15 years. First in sales, then moved to another area to utilize my previous writting talents. I was named Advertorial Editor and produced three special projects for the newspaper. I had no one under me, had to stay until finished and was placed on salary, based on a 40-hour work week. Over the next few years, I was moved from the advertising department to editorial and continued to produce several products until I was asked to take over as editor of a weekly local newspaper. Again I was listed as the editor, but had no staff, was paid a salary for 40 hours and had to stay until finished.
I was under the impression an employee could not be promoted to a supervisory position if there was no one to supervise. I think there was a similar case in the mid 80s, but I can't remember which newspaper.

Answer -
Bill:
So you want to sue the newspaper for not having any employees for you to supervise? And what type of damages would you be looking to get from that?
I'm not sure which case you are referring to, but no court is going to force an employer to hire more staff for you to supervise.

Answer
Bill:
Courts are very very reluctant to get involved in private employer's affairs.  In regards to compensation for work performed, the govt. is only really concerned with are you being paid your agreed upon wage.  The courts will not concern themselves with things such as "i've done more work than i was supposed to, etc", that is a matter between employee and employer