What are my rights if I’m paid by salary but work 54 to 60 hours a week with only Sunday off?

UPDATED: Aug 18, 2015

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What are my rights if I’m paid by salary but work 54 to 60 hours a week with only Sunday off?

I have no paid time off days.

Asked on August 18, 2015 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your employer may legally make you work 54 - 60 hours per week, 6 days per week or even 7 days per week, and does not have to give you any paid time off.
If you are salaried and exempt from overtime, they do not need to pay you any additional compensation whatsoever for any number of additional hours.
If you are salaried but not exempt from overtime, you would be paid extra for working more than 40 hours per week though all that matters is the number of hours worked weekend, holiday, etc. is irrelevant. To be exempt from overtime, you must be salaried and also meet the criteria of one or more of the tests for exemption, which can be found on the U.S. Dept. of Labor website. Go to the website, look up the tests, and compare them to your job.
If you are not exempt but salaried, then for each hour past 40 you work in a week, you must be paid an amount equal to 50% of your effective base rate. Example say you earn $52,000/year, or $1,000 per week. Using 40 hours/week, your effectively hourly base rate is $25.00 per hour. For each hour past 40, you would earn an extra $12.50. If you are owed overtime on this basis and they will not pay you, you could contact your state or federal department of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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