Legal Question in Employment Law in Pennsylvania

Re: hourly exempt?

You asked about worker classification.

You seem to exist in that vast grey area of employment. There really are only two classes: exempt and non-exempt. There are actually a number of tools to evaluate whether a position is exempt or not. Many employers don't use them and just wing it.

The term you used suggests that the employer thinks of you as exempt but rather than give you straight salary, compensates you for overtime at a straight rate.

You need to consider which side of the fence you would fall on if you or they had to choose. In one case you could fall onto the side of exempt and you'd end up with working extra hours for no extra pay. As non-exempt you'd be eligible for overtime, but would the employer be as likely to use you at the higher rate?

You could complain to the wage and hour division or even sue for compensation. but it seems to me like you actually have the best of both worlds. (By the by, be certain that when you get called in you are compensated for at least three hours. That's a rule you can benefit from.)

Regards,

Roger

Re: hourly exempt?

You definitely may be eligible for your overtime plus damages. You should call our offices or e-mail me directly. In fact, if you e-mail me directly, I'll send you a great explanation of the FLSA overtime rules, and a short questionnaire that will help us determine how much you are entitled to.

Danny Cevallos, Esquire

[email protected]