Q: non exempt W2 salaried in Maryland . Company website shows I work 5/40hrs but I work 6 and over 12hrs. Overtime pay?
W2 salaried,I work 6 days and mostly 7 days a week. I supervise cable techs and my day start when they start and end when they end. 12-14hrs a day. They get overtime pay.
My off day, I’m expected to respond to emails and some of my techs work on my off days therefore I supervise them. company website states I work 5 days a week at 8hrs a day as a supervisor but I actually work more. I recently asked my HR rep and she told me I was non exempt. Am I entitled to overtime? Why would the company website say something and I do different?
Does salary mean you work unlimited hrs our there’s a limitation.
A: If you are classified as non-exempt (even if salaried), then an employer needs to pay you for any overtime you actually work- at your "regular rate of pay." It does sound like your supervisory duties might (or might not) allow the employer to classify you as exempt- as long as you make enough money. However, if you have been told you are non-exempt, and the employer knows you are working more than 40 hours a week, you might have a claim. You should discuss all the circumstances with an employment/labor attorney.
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