Legal Question in Employment Law in Tennessee

Part-time Salaried Employment

I was hired a little over a year ago to work for a non-profit organization as a part-time, salaried employee working 25 hours a week. The person who originally hired me said that I would get comp time off for all work over 25 hours a week. There is now a new director.

I have worked many hours over 25, but am told that I do not get paid overtime nor do I get comp time off because I am a part-time, salaried employee.

Is this legal? What is my recourse? Thank you for your help.


Asked on 6/30/02, 10:41 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Part-time Salaried Employment

Was your agreement with the previous director in writing? What evidence of it is exists?

Those are important questions. There are many others I would ask you to give you a good opinion. Generally, you are entitled to be paid for the time you work. Your employer cannot simply call you a salaried part-time employee and pay you for part time work and then work you full time.

Also, what do you do? You may not be an exempt employee under the Fair Labor Standards Act which might mean other problems for your employer if you are not being compensated correctly.

You have a number of options:

1. Simply tell the director you expect her to honor the agreement you made with the organization through her predessor and pay you as agreed or, you quit;

2. You can consult with an attorney and seek legal redress.

3. You could report them to the U.S. Department of Labor.

I hope this helps. If you have any questions, please feel free to contact me at 901.527.5522 or [email protected].

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Answered on 7/01/02, 10:56 am


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