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salary employee in MICHIGAN, am i entitled to overtime?

On Lawyer & Legal » Employment & Labor Law

2,620 words with 3 Comments; publish: Sat, 15 Oct 2005 18:41:00 GMT; (80046.88, « »)

Hi everyone, I am new to this forum and I am seeking some advice. I work in the service industry (cosmetic). I work at one "clinic" for a company that has several locations nationwide. We do cosmetic procedures and I suppose we are classified as a medical spa.

Until one month ago, the clinic I work at had a manager and two full time technicians. I was considered a full time hourly technician. I worked 40 hours per week doing cosmetic procedures about 95% of my work day. The rest of my day was spent writing charts for each client, selling new procedures and products to the existing clients, answering the phone, and scheduling appointments. I was paid twice per month based on my hours and a once per month sales bonus based on the sales of the entire clinic.

About one month ago, I was "promoted" to assistant manager. I was switched from an hourly employee to a salary employee and given a small raise. My responsibilities are the same as listed above except for 2 changes; the other full time employee now reports to me, and I am now expected to work 45-55 hours a week. I am still receiving the monthly bonus check, but I am not being paid overtime for these additional hours that I work. The small raise that I did receive does not even come close to equal what I would have been paid working these overtime hours with my previous hourly rate.

It seems like my employer is taking advantage of me. I would like some input about if my employer is violating any labor laws and if I should be entitled to overtime pay. Also, what should I do about this and how do I discuss this with my employer?

Any advice would be greatly appreciated. Thanks :)

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    • The question is not whether you are paid on a salaried basis or not; salaried is only a pay method and does not have any force in law. What matters is whether you are exempt or non-exempt under the definitions provided by the FLSA.

      I cant' tell from what you've written whether you are correctly classified as exempt or not. If you are, then there are no circumstances whatsoever in which you are entitled to overtime. If you are not, then they can still legally pay you via salary but they still have to pay you OT.

      You can find out more about exempt/non-exempt definitions on the DOL web site; www.dol.gov.

      #1; Sun, 16 Oct 2005 10:39:00 GMT
    • No, the Department of Labor would do.
      #2; Mon, 17 Oct 2005 13:39:00 GMT
    • thanks for your reply. i guess the only question is if i am exempt or not. from what i have read on some other web pages, i believe that i am non-exempt. who would i ask to confirm that i am non-exempt? would i have to get a lawyer?

      thanks again :)

      #3; Mon, 17 Oct 2005 13:27:00 GMT