Legal Question in Employment Law in Massachusetts
Exempt vs. Non-Exempt employees
I am an Exec Assistant to the President/CEO of a medium-sized company. I work many long hours -- frequently working through lunch and staying until 7 pm (sometimes later). I am listed as an 'exempt' employee. They tell me I am exempt because I make $54k per year. Facts -- I have no one reporting to me, I am not part of the decision-making process, nor am I aware of many things until other employees become aware of them, nor do I participate in any meetings. I am not paid overtime pay, and I am told I am not eligible for any compensatory time. Do I have any recourse as far as compensation or is this corporate theft of my time a legal practice? I do this for a mere 3.4% increase...but I am told I am valued.
Thank you for your time.
2 Answers from Attorneys
Re: Exempt vs. Non-Exempt employees
Mr. Murphy is correct. However, before you call a lawyer, call the Wage and Hour Administration of the Attorney General's Office. They can advise you and, if you have a cliam, pursue your back overtime.
If you are exempt, why are you working so hard. The longer you do the less likely he is to hire additional staff
Re: Exempt vs. Non-Exempt employees
Federal and Massachusetts law require certain employees to be paid overtime for hours worked in excess of 40 per week; but "exemptions" apply. The exemptions are determined based on the particular job tasks performed by the individual. An exemption does apply for "Executive or Administrative Assistants" such as yourself. However, you should talk with an employment lawyer about your specific job functions, because no two jobs are exactly alike, and your specific tasks and the time you spend on them may take you outside of this exemption.
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