Is it required I work weekends because I’m paid salary?

UPDATED: Sep 30, 2022

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Is it required I work weekends because I’m paid salary?

I make 1000 bi weekly and never consulted to
being on call on the weekends.

Asked on April 22, 2017 under Employment Labor Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 as "exempt"Salary or not, unless you have a collective bargaining agreement or employment contract, that prohibits week-end work, your employer can schduedule on week-ends if it chooses; in fact you can be made to work has many hours/days in a row as needed. In an "at will" employment relationship, a company can set the conditions of the workplace much as it sees fit, absent some form of legally actionable discrimination. That having been said, just because you receive a salary doesn't mean that you are not entitled to be paid overtime. If your employer has wrongly misclassified you, then you could also be considered eligible for overtime payments. Workers who are "exempt" from the overtime law include executives, administrators, supervisors, or managers. If your job duties do not fall within any of these categories, your employer may be classifying you just to avoid paying OT when you are if fact "non-exempt". If so, this may be a violation of wage and hour laws and result in your being owed back pay. If you're unsure of your rights, you contact your state's department of labor for further information and/or consult directly with a local employment law attorney.

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 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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