Legal Question in Employment Law in Missouri
Salaried employees entitled to overtime?
We have an employee that specifically requested 47 hours per week and a salary of $300.00 per week. That was roughly 5-6 months ago. We terminated her employment due to downsizing as well as her returning to work in the evenings drunk and causing problems. She claims an attorney has advised her that we owe her for all the back overtime pay for all hours over 40 regardless if she was on salary or not. Is that true?
1 Answer from Attorneys
Re: Salaried employees entitled to overtime?
Your problem fall squarely within the interpretation of the Fair Labor Standard's Act ("FLSA"). The general rule is that employees must be paid time and one-half for overtime and minimum wage. However, there are exceptions to that general rule, and I would need to talk with you to see if any apply. It is a complicated analysis. The U.S. Dept of Labor has a good website. Regardless, you need to talk with an attorney ASAP because it sounds like there is a threat and potential of litigation and the FLSA is very "employee friendly." Please contact me with any questions or concerns. Good luck.
Tim O'Reilly, Esq.
Springfield, Missouri
(417) 890-1555
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