Legal Question in Employment Law in Massachusetts
Salary vs hourly
Good Evening,
I work for a not-for-profit company and was hired as salary. Unbeknownst to me, 2 existing employees in the exact same position as I am in, with the exact same title and job responsibilities are hourly employees, and as such they are paid for overtime.
Additionally, if I work, say, 39 hours in a week, I am required to use my leave time or I am not paid for 1 hour of my ''salary.''
Are these instances legal??
Thank you!
1 Answer from Attorneys
Re: Salary vs hourly
As you describe your circumstances, it sounds like a likely violation of federal and state wage and hour laws. It sounds like you are not genuinely a salaried employee because obviously a salary is not normally reduced for weeks when an employee works less than 40 hours. However, I would want to find out about the specifics of your particular job and the industry that you work in to determine whether you are subject to the overtime laws and if so, the extent of your damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
