Legal Question in Employment Law in Arkansas

I am the manager of a small gas station. I make $500 a week salary before taxes. When I started the job, almost a year ago, I was told that I would only work about 45-50 hrs a wk. I was hired making $445 a week before taxes, with a guaranteed raise at 6 months. I was denied the full raise at that time and finally received the rest of the raise when I had been there a year. I currently work anywhere from 45-97 hrs a week, with no compensation for the extra hours. Is this legal or should I be receiving compensation for the extra hours?


Asked on 10/05/09, 2:11 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Your question is controlled by the Fair Labor Standards Act ("FLSA"). More information on the FLSA can be found at www.dol.gov.

In essence, whether you are entitled to extra pay will be determined by whether you are properly classified as exempt from the FLSA and if the FLSA even applies to your situation. The FLSA is one of the more difficult laws to apply because there are exceptions to coverage of the law and exemptions with the law for various job classifications. Assuming that your employer is covered, the next step in the analysis will be to look at the duties of your position and determine if your position is exempt from overtime pay. If it is not, then your entitlement to extra pay is in the form of overtime compensation.

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Answered on 10/05/09, 2:48 pm


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