friend works for LLC. When he was offered job 01/2011 he was told it was $1000 a week (and mgr position) and he accepted.. A few days 02/01 before my friend started the owner of company told him he would only be able to pay him $750.00 a week "the time being". With times like these hestarted working. 12/2012 he receceived note in paycheck from owner stating that he would go from exempt to non-exempt 12/31 and making less(responsibilities haven't changed. All overtime has been paid at straight time. My frience is a truck dispatcher.
Employment / Labor Attorney
Your friend needs to talk to an employment lawyer immediately. When an employer changes an employee from "exempt" to "non-exempt" it is a ***red flag*** that the employee was non-exempt all along and has a potentially sizable claim for unpaid overtime. Just because someone is called a manager and is paid a salary does not mean that he or see is exempt.
Anyway, overtime is at time and a half, not straight time. This is governed by the federal Fair Labor Standards Act.
2 lawyers agree
I agree with Mr. Holmes that your friend needs to consult with an employment attorney to determine whether he has a claim for unpaid overtime. I practice in Fort Worth and handle unpaid overtime claims, and would be glad to speak to your friend regarding his situation.
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