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Illinois Salary Employee LEGAL Help?

Category: Law & Legal

Mark SMark S


I am a salary employee for a company in Elgin, IL my positions is a management position. I have two employees reporting to me. My question is that my boss requires me to work 50-65 hours a week with no form of compensation for the extra hours work. I do not get time off or I do not get over time pay. In addition to the extra hours in the office my boss expects me to review my blackberry on the weekend and reply to emails. I have no contract or my job description does not indicate that I have to work OT. The questions I have are as follows

-Is this legal?

-Do I have to work over 40 hours?

-Should my employer compensate me for the extra hours?

michr
michr

-Is this legal?

YES,

if you are paid enough weekly to meet the test as an exempt employee, what you have listed here only shows part of the test that must be met.

see:

http://www.dol.gov/whd/regs/compliance/f¦

and

http://www.dol.gov/whd/regs/compliance/f¦

-Do I have to work over 40 hours?

NO,

but if you fail to work as scheduled you will suffer the consequences and accept the responsibility for what actions the employer takes for your failure to work as required. failure to work as scheduled is grounds for immediate termination "with cause"....

-Should my employer compensate me for the extra hours?

that would depend on the employer, I would but you do not work for me.... legally they do NOT have to provide you any compensatory time.

Judy
Judy

If you are legitimately a salaried exempt employee, it's legal and they don't have to pay you OT for extra hours, and require you to review your Blackberry on days off without compensating you for it. Being "exempt" though is a little more complex than just being in management and has minimum weekly pay limits (something like $455), but it's very likely legal.

Many places would give you comp time for the extra hours, but they don't have to. And if you are regularly required to work 50-65 hours a week, something is seriously wrong though not illegal.


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