My husband is an exempt employee but has always received pay for overtime hours. On Monday his company said that they must donate their overtime in order to make up for admin hours when business was slow and they had no project for him to bill his time to. His original employment letter states that he is exempt but that there are projects that he can receive overtime pay for. Last week he was paid overtime and this week, on the same project, he cannot. Can they do this?
In the majority of states it is illegal for an employer to require an employee to kick wages back to the employer. You should either contact an employment attorney in your are (you can find one here on AVVO) or you should contact your state labor department.
Best of luck!
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