Are there any law protecting a salaried employee from an abuse or misuse of exempt status?

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified. That being said, the first question is whether you were truly 'exempt' from the FLSA. Merely being salaried does not make you exempt. If you were promised a bonus that was not paid, you may have a wage claim for that amount. You should speak with an employment attorney ASAP. If you were truly exempt, there is no law protecting an exempt employee from long work hours. It may not be fair or right, but it is not illegal. If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 [email protected] www.ezoldlaw.com

In regards to the FLSA, generally the following are exempt from overtime protection: 1. Commissioned sales employees of retail or service establishments are exempt from overtime if more than half of the employee's earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked. 2. Computer professionals: Section 13(a)(17) of the FLSA provides that certain computer professionals paid at least $27.63 per hour are exempt from the overtime provisions of the FLSA. 3. Drivers, driver's helpers, loaders and mechanics are exempt from the overtime pay provisions of the FLSA if employed by a motor carrier, and if the employee's duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce. 4. Farmworkers employed on small farms are exempt from both the minimum wage and overtime pay provisions of the FLSA. 5. Salesmen, partsmen and mechanics employed by automobile dealerships are exempt from the overtime pay provisions of the FLSA. 6. Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA. Regardless, you should contact a NELA attorney to discuss your case. Good luck to you!

The Fair Labor Standards Act presumes that you should receive overtime for all work over 40 hours in a one-week period unless the employer proves that you meet one of the exemptions. Certain employees are exempt from the overtime requirement, but it really requires a detailed analysis of the facts of your situation to determine whether you fit into an exemption. Merely calling you a salarid employee does not necessarily mean that you are one in the eyes of the law. It is important that you seek out an experienced employment lawyer and not one who merely dabbles in the field. Often, the problem you think you have is not the only one or the worst one. For example, a client came to me recently complaining about a failure to accommodate a physical disability. The client may have such a case, but after a thorough discussion, I advised the client that she had a better case of religious-based discrimination. Find the right lawyer who will spend time with you even if that lawyer charges a consultation fee. After all, you get what you pay for.