Legal Question in Employment Law in Florida
Compensation for Exempt Employees
I am a call center manager who who is required to where a pager 24/7 & often subject to ''availability tests'' to make sure I respond within a reasonable time. I work overtime when needed & if I leave for more than half my shift have to submit either sick or vacation time.
My scheduled shift is 12-9p M-F however the center is open 8a-12a M-S and I am expected to answer the pager and return to work whenever necessary. Whenever clients are in town I am expected to entertain sometimes with no notice.
I've been paged on weekends to do research to be submitted later that day or to notify me of a schedule change.My questions are 1) Do I have to be compensated for times I entertain clients? 2)Can my employer deny expense forms for mileage for any required meetings or client dinners? 3)Are they required a number of hours notice before they can require a schedule change? 4)Can my company make me responsible for all on call hours with no compensation?
None of this was in the job posting or in my interview. I was not told I was required to wear a pager and be responsible for how I was to return pages as I do not have a work cell phone. I was not told that I was responsible for on call hours before and after my scheduled shift.
1 Answer from Attorneys
Re: Compensation for Exempt Employees
As a manager, you are likely an "exempt" employee under the Fair Labor Standards Act, meaning that your employer is not required to pay you overtime assuming that you are paid on a salary basis and make a minimum salary and/or are paid hourly at a minimum rate required under the FLSA (not minimum wage however). Nonetheless, your employer should reimburse you for expenses incurred in the course of your employment. If you have additional questions, please feel free to contact me at (305) 810-2887.
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