Legal Question in Business Law in Pennsylvania

I work for a private for profit Ambulance Company where I am a supervisor. I am a salary employee and only get paid 40 hours a week. Is it legal to make me work as many hours as they see fit? They are currently working me on an average of 60 to 75 hours per week. I was also told that my position would come with a salary increase every year and have not seen one in the past 3 years. What type of legal recourse can I take or am able to take?


Asked on 6/15/10, 12:32 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

You'll want to look at the laws regarding exempt employees versus non-exempt employees. Exempt employees are those that are paid a straight salary for their work no matter the number of hours worked. Non-exempt employees are hourly workers. Generally the word exempt applies to the laws regarding wages for overtime. An exempt employee isn't paid for a 40 hour work week. It is against the law for an employer to classify an exempt employee improperly and whether or not you are a "supervisor" your duties and the demands of the position will dictate how you are to be classified. Simply being classified as a supervisor is not the end all of the inquiry into whether an employee is exempt or not. An exempt employee must fall within certain guidelines to be properly classified.

Given my knowledge of the ambulance industry, I would not hesitate to question whether a supervisor that is working shifts is properly classified.

Now as to what you can do? You can speak with the employer about increasing your pay to be commensurate with the time required for the job, you can leave the job, or you can speak with an attorney about an investigation as to whether you are properly classified.

Be aware that you have certain rights and responsibilities and the right to investigate and make certain claims expires, sometimes in short order. So speak with an attorney about pressing your claims as soon as possible. (And keep an accurate record of the actual hours you work.)

Regards,

Roger

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Answered on 6/15/10, 6:22 pm


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