If my position is salary with no overtime but I worked extra hours for a project over 7 weeks including during Christmas break, doesn’t the company need to compensate me?
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If my position is salary with no overtime but I worked extra hours for a project over 7 weeks including during Christmas break, doesn’t the company need to compensate me?
For a 7 week period, I worked an extra 135 1/2 hours over my regular 40 hours each week. Some of this time was when the office was on holiday. I’m a in a salary position that doesn’t get overtime. However, due to this special project, setting up a new office for our company and doing my regular job at the same time, I worked all those extra hours. I asked for help but wasn’t given any. My boss doesn’t seem to flexible about compensating me for the extra hours. Is this against the law?
Asked on February 23, 2019 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A salaried worker who is exempt (i.e. not subject to receiving overtime), is not legally entitled to additional pay regardless of how many hours they are schedued to work. Their salary is all of the compensation that they are owed. That is unless they have an employment contact or union agreement the contrary.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you are an exempt salaried employee (salaried with no overtime) as you indicate, your employer does not need to compensate you for the extra work you did. Your weekly salary is the only compensation you are entitled to for all work you do, no matter how man hours or at what tasks, or when the office is on holiday. Salaried exempt employees do not get any additional pay unless the employer voluntarly chooses to give them extra compensation.
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