Legal Question in Employment Law in Pennsylvania
Overtime Pay
I work for an automotive service center. I am an assistant sales manager. I am a salaried employee. I have worked for my company for 4+ years. I was recently reading my employee handbook and it states that all employees working over 40 hours are entitled to time and a half overtime pay. I work 48 or more hours every week (for the last 4 years) and I have never been compensated for any over time. Is this legal? Do I have a case that I could take to court? I am not the only salaried employee who does not get paid overtime. No where in the handbook does it state that salaried employees are exempt from overtime.
1 Answer from Attorneys
Overtime Pay
One component of being an exempt/salaried employee is that you don't receive overtime pay. The issue is whether your position and job duties are properly classified as exempt. That is a multi factor test which has to do with how much discretion you have in your position, etc. This cannot be answered via a quick email. You should consult with a qualified employment attorney for careful analysis of the situation.
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