My husband works for a corporation that had all of their management sign a contract stating that they would be paid salary for 55 hours a week, however he has constantly worked over that. The company has told the managers that no matter how long it takes that they are salary and that there is nothing they can do. My husband has worked 65+ hours a week there for 10 years.The managers do menial jobs and the company has been dictating who to hire, fire, and everything in between. Its like the company is abusing the salary into making their managers work more hours and not get paid any more because of the contract. I know that most of the managers in our buisness unit have been treated this way because i am an assistant and have been asked to work off the clock to avoid overtime by my managers
Your question is governed by the Fair Labor Standards Act. This is the federal law that governs overtime wages for employees. If the employer is a "covered" employee, then employees would be entitled to overtime, unless the employee fits into one of the overtime exemptions. There is one that might apply to your husband but it will depend on what his job duties are and whether he spends more of his time as a "working Manager" than in managerial duties. I am going to attach the exemption for you to review. You need to have your husband consult with an employment attorney with wage and hour experience.
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In full agreement with Attorney Lynn -- you will need an experienced employment attorney to sort out the covered vs. non-covered mess.
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