Legal Question in Employment Law in Maryland

As a manager of a convienant store/deli, my supervisors consider my position as "salary". My salary is based off of a 40 hour work week. I am REQUIRED by my supervisors to work a minimum of 50 hours a week. The first 40 hours are paid to me at a rate of $14 dollars an hour. The last 10 hours, and any more after them, I am only compensated at a rate of $5 dollars an hour. If I DONT work a full 50 hours, I am required to use vacation time to make up the hours, or not get paid for them. This leads me to believe that im not truely "Salary" and that I am being taken advantage of by not receiving overtime pay for those hours after 40. Please help me with some clarification. Thank you.


Asked on 5/01/12, 9:11 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

The scenario you describe may or may not violate FLSA and other laws. True salaried positions can sometimes have "bonus" or even overtime pay and work time/hour expectations. However, if salary gets docked or pay is identified as hourly this suggests possible exploitation of the overtime laws. Generally speaking a company cannot dock (not pay) salary based on the number of hours worked and still call the position exempt salaried.

An online post cannot fully analyze the merits of a particular situation. While I hope the general information above helps, I encourage you to seek legal counsel by scheduling an attorney consult to discuss the specific facts of your situation. An attorney review can clarify whether your specific situation has actionable violations or not.

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Answered on 5/03/12, 10:35 am


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