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Fair standard labor act ? overtime pay for salary worker

Detroit, MI |

i worked at a car dealership. i was 500.00 a week salary. with a monthly commission. my normal work week was 7am to 6pm m-f. with 1 hour paid lunch. at least 3 weeks a year my lunchtime replacement was on vacation. so i had to work thru my lunch 3 weeks a year. i was not a manager or sales person. it has recntly been brought to my attention that my employer shuld have been paying me for the 10 extra hours i worked a week. if i get a lawyer to take my case and it is decided in my favor can u give me an idea what to expect? i am wondering if its worth the time and effort. after state taxes and lawyer fee is there going to be anything left?

Attorney Answers 1

Posted

There are many exemptions for automobile dealers under the FLSA that are usually applicable to sales people therein. if your husband makes at least minimum wage depending on the compensation structure this pay practice may be legal. Please go over with a professional all the facts to see if there is something viable. Best of luck.

Please note by answering this question there is no attorney-client relationship formed. I am not your attorney. Nothing I said in this reply can or should be relied on. In order to rely on counsel's advise you must retain that attorney and receive representation or an official opinion letter. This is neither and meant to be for general informational purposes. Your case has specific nuances that goes beyond what you wrote and what I answered and you must speak directly with counsel to advise you of your rights. Please note I am only giving advice in the jurisdictions I am admitted (NJ, NY, PA). In any other jurisdiction I am discussing the law in general from an academic sense and not state specific rights. You should consult with a lawyer in your local jurisdiction.

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2 comments

Asker

Posted

thank you Jason, but the question was about me, not my husband. and I did not do any sales. i was a biller and dispatche for the serice dept. to sum my job up I did office work. i didnt do ANY sales. I was not any kind of manager.

Jason T Brown

Jason T Brown

Posted

I attached the FLSA factsheet, which you should go over with a skilled professional to see if you are exempt.

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