Legal Question in Employment Law in Virginia

Exempt and Max. Hours

My husband is a sous chef and always works a minimum of 55 hrs/wk, sometimes up to 80 hrs/wk, though his pay stub always says 40 hrs/wk. He is paid salary so never receives overtime (though he is certainly not making a lawyer or doctor's salary). Often instead of his management duties he is made to fill in for missing line-cooks thus doing ''blue-collar work'' without overtime laws applying. Is all of this legal? If not, how does one report this or file a claim? Is there any action that he can take without losing his job? Are there no flat out maximums for hrs/wk that one can be required to work?


Asked on 5/19/07, 12:14 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Exempt and Max. Hours

If your husband is considered a manager and is compensated as such, his employer is not required to pay him overtime. You can read more about the rules regarding overtime and managers by consulting the U.S. Department of Labor's website or that of the Virginia Department of Labor and Industry, Labor and Employment Division.

Read more
Answered on 5/19/07, 9:15 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Virginia