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Overtime or Not?

Mankato, MN |

I have a unique situation. This past year I was employed by my college in Minnesota. I (like many others) was employed through "Residential Life", as a Community Adviser, (Aka: an RA or residential adviser).

The job is a 24/7 job and there are several reasons I am providing this context.

One of the stipulations of our employment contract was that we spend "every" night in our dorm rooms, unless we have been given the night off (specifically listed as around 2:00am-8:00am. We were limited to two weekends off a month but as I said the job was 24/7, seven days a week.

My question is, this was not a volunteer position, we weren't paid by the hour, but we were also not a "salaried position" and therefore not overtime exempt so how can they possibly get away with not paying us overtime?

Attorney Answers 2

Posted

Actually, your situation is not so unique. The Department of Labor has issued guidelines as it relates to whether RAs are considered non-exempt employees who are entitled to overtime. These guidelines are rather ambiguous, however, and an attorney would need to review the employment agreement and discuss with you the specific facts of the situation (as things actually are "on the ground," as opposed to what the agreement states).

Contact an employment attorney to discuss your matter. It won't cost you anything (at least, it shouldn't) for an attorney to provide you with a quick review and determine whether you have rights to overtime. The potential damage award for overtime cases can be pretty high, so you should at least look into it. Best of luck.

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Posted

You will need to contact an employment lawyer and have them review the specifics of your situation. The regulations which govern this type of situation are fairly complex.

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