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Am I being exploit by my employer?
Anonymous6 views3 answers
I'm a computer technician. I work around 57-60 hours a week for $450-$550 and 2 of those day by myself most of the day. I have tried to talk to the owner and he have told me that he cannot paid me more because I work for a percentage (something we have not agreed on) of how many computers I fix, but I told him that if that is the case I don't have to be there 10 hours a day and he refuses to give me less hours because according to him im a full time employee. he wants me work from 10-8 every day. Besides that, he wants me to be taking care of the customer that came in to the store, he wants me to be taking care of the store and whenever I ask him for a rise he gets mad because he says he is taking care of me and i don't appreciate that. I have been working for him since 10-24-14.
You might have an overtime claim, but I would need more information to be able to make that determination. I recommend you contact an employment lawyer and schedule a consultation so someone can evaluate whether you have a claim.
I cannot say you are being exploited. In addition, employers may be required to pay you time and a half for work over 40 hours a week, but there are exceptions. There are not enough facts here to answer further. You should speak to an employment attorney to determine if you are entitled to overtime pay.
Pursuant to the US Department of Labor if you qualify for the computer employee exemption, you must be compensated either on a salary or fee basis at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour. For more information about wage and hour regulations for computer employees, cut and paste this link: http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.htm
If you find that your rights have been violated, then you should set up a consultation with an experienced employment law attorney as soon as possible. Under Federal law, you can usually only go back two years (in some cases three) in order to secure overtime wages that are owed to you.
For a list of experienced NJ employment law attorneys, follow this link: http://www.nelanj.org/find-a-lawyer
Good luck.
Fred Shahrooz-Scampato, Esquire
