Legal Question in Employment Law in Virginia

My husband works for a government contracting company in a non-management position. He is paid salary twice per month so an average work week would be 88 hours. In the last month he has worked (without a day off) 130 & 125 hours for the last 2 pay periods without being paid any extra...no overtime pay or strait time pay for the extra hours. Is that legal?

Asked on 4/09/12, 4:52 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, if your husband is regularly compensated on a per hour basis he must be paid time and one for all hours worked in excess of 40 in any given week.

Yes, if your husband is correctly classified as a so-called salaried employee

under the rules/regulations of U.S. Department of Labor which govern such definitions.

Answered on 4/09/12, 5:24 pm

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