Legal Question in Employment Law in Virginia

I am a restaurant manager that is on salary and is required to work 55 hours per week over a 5 day work period. There are several times that I have been required to work an additional a of 11 hours and when this occurs they sometimes choose to pay me and others they don't. When they do pay me it is not based on my salary but an average pay. Is this legal?


Asked on 11/15/11, 9:51 am

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

Yes, very likely so (in my opinion) if as a so-called salaried manager or supervisor, you're considered an exception to the requirement that under U.S. Department of Labor rules/regulations that you must be compensated at the rate of time and one half of your regular salary for all hours you work over 40 in any given week.

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Answered on 11/15/11, 11:53 am


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