What to do about an exempt status and no overtime pay?

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What to do about an exempt status and no overtime pay?

I am an RN. I work as a weekend option non benefit eligible employee, no paid time off and no benefits. Over a year ago I took a promotion to charge nurse. My status remained the same. Until they made us sign a contract that said we were exempt because we were management. Basically so they would not have to pay us overtime our for our for education. But they still are not paying us for time off. Is that legal?

Asked on August 28, 2012 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no obligation to pay staff vacation, holiday, sick, etc. pay, so if that's what you mean by not being paid for time off, your employer is free to not pay you.

As to overtime and except status: it's not enough to be called management, or to even have signed a document saying you are management. To be exempt from overtime under the "executive" (management) exemption, your job must meet the requirements of the exemption, which includes supervising the equivalent of 2 full time staff (e.g. 2 full timers; 1 full time and 2 half-time; 4 half-time; etc.). You can find the test for this exemption at the U.S. Department of Labor website, under "wage and hour" and "overtime." Look it up and compare it to your job. If you don't meet  the test, you may be owed overtime, even if you are paid on a salary, not hourly, basis.


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