Legal Question in Employment Law in Tennessee

Laws for salaried employees?

I am a salaried employee. I was told my salary was based on a 50-55 hour workload. However, my weekly workload runs between 65-75 hours, and these hours aren't optional. I was just wondering if there was a way to limit the number of hours I work for my salary, or, if I could legally demand a greater salary based upon my averge workload. My average hourly pay is supposed to be between $11.00 and $12.00 an hour. It has averaged less than $8.00 hourly in recent weeks. Please help me figure out how to be justly compensated for the long hours I am being forcd to work.


Asked on 3/27/02, 8:42 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Laws for salaried employees?

The Fair Labor Standards Act (FLSA) covers overtime. The first question I have is what do you do? If your job position is exempt from the application of the FLSA then you probably have no recourse. If it is non-exempt from the application of the FLSA, then your employer has to pay you time and half for every hour you work over 40 in a given week.

Just because your employer pays you on a "salary" basis that does not necessarily mean you are not entitled to overtime pay. If you feel like you are being taken advantage of you need to go see an attorney and put all the facts on the table and get an opinion about whether or not you are entitled to overtime.

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Answered on 3/28/02, 2:05 pm


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