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Employment Law/Salaried employee

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Question
I have been a salaried employee in my company for almost two years, hourly before that.  As an hourly employee I worked 42 hours. The extra two hours were paid overtime. I then went on to salary and still have to work forty two hours and not get paid now for the extra two hours. Now, I am being promoted to manager and I'm required to work more than forty hours because I've been told that is what I must do. I just want to know my rights.

Answer
Chris - Salaried exempt employees receive the same amount weekly regardless of how many hours they work, with a few exceptions. The key to this is whether you truly qualify as an exempt employee, because employers frequently get this wrong, intentionally or through ignorance.   Write back and let me know what your current job and the new job entail in terms of job responsibilities.   Confirm that you earn at least $455.00 weekly.  Then I can tell you whether you are or have been paid properly.

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Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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