Administrative Asst. Exempt??

[jajabay]

Hello

My mother has been working for a company for the past 2.5 months as an administrative assistant. Consistently, she is forced to work over 50 hours a week however she is not receiving any overtime pay. (She is salaried) On certain days, she is even forced to skip her lunch (which is only a half-hour by the way). I feel that multiple laws are being broken here. Is she owed compensation for overtime? What about her lunch ONLY being 30 minutes for 10 hours of work and that's the only break they give her (if she receives one anyway)?

Thanks for your help!

BTW: This company has about 8-10 employees total. It is a company that does staffing for a school district.

 

[cbg]

It is the job duties, not the job title, that determines whether or not someone is exempt. It is possible for an Admin Asst. to be exempt, but it is also possible (and more likely) that she is not. However, ONLY after hearing a detailed description of her job duties, could anyone give you an informed opinion as to whether she is due compensation for back overtime or not.

Neither Federal nor Michigan law requires that adult employees of private employers receive any breaks at all, even meal breaks, regardless of the length of shift.

 

[jharris352]

I would be very careful rocking the boat in MI concerning her job. She is fortunate to have a job there. It is not that I'm not sympathetic to your question, I am, but take care not to lose her job trying to get overtime and a longer lunch.

On the lunch break, she is likely to get better results just sitting down with her boss and asking for an hour by offering something in return (come in earlier or something).

As for the overtime, that has been adequately answered by CBG. In these times I would be happy for a job! Good luck.

 

[jajabay]

I would be very careful rocking the boat in MI concerning her job. She is fortunate to have a job there. It is not that I'm not sympathetic to your question, I am, but take care not to lose her job trying to get overtime and a longer lunch.

On the lunch break, she is likely to get better results just sitting down with her boss and asking for an hour by offering something in return (come in earlier or something).

As for the overtime, that has been adequately answered by CBG. In these times I would be happy for a job! Good luck.

see below...........

 

[jajabay]

I would be very careful rocking the boat in MI concerning her job. She is fortunate to have a job there. It is not that I'm not sympathetic to your question, I am, but take care not to lose her job trying to get overtime and a longer lunch.

On the lunch break, she is likely to get better results just sitting down with her boss and asking for an hour by offering something in return (come in earlier or something).

As for the overtime, that has been adequately answered by CBG. In these times I would be happy for a job! Good luck.

A 15% unemployment rate doesn't give an employer the RIGHT to take advantage of their employees by forcing them to work 50 hours without paying them for the hours as well as not giving them any lunch breaks. Sorry but I think slavery ended 200 years ago.

 

[jharris352]

Stop being such a JERK. No one suggested that it gave the employer the right to take advantage of her. In fact we offered some explanations. HOWEVER whether you want to admit it or not there is a 15% unemployment rate and you are in an AT WILL employment situation which means she can be UNEMPLOYED for almost any reason. My advice was to BE CAREFUL what you do. You may end up trying to get overtime and end up with no job. Don't ask for advice if you don't want it.

Slavery is being a bit dramatic, don't you think?

 

[cbg]

jajabay, if you can give me additional information, I can be a little more specific but I can't say for certain if ANY laws are being violated, let alone multiple ones, on the basis of what you've provided.

 

[jajabay]

Stop being such a JERK. No one suggested that it gave the employer the right to take advantage of her. In fact we offered some explanations. HOWEVER whether you want to admit it or not there is a 15% unemployment rate and you are in an AT WILL employment situation which means she can be UNEMPLOYED for almost any reason. My advice was to BE CAREFUL what you do. You may end up trying to get overtime and end up with no job. Don't ask for advice if you don't want it.

Slavery is being a bit dramatic, don't you think?

How about you stop going on forums and posting things that aren't helpful. I came here for advice not for some idiot from Georgia who has no idea what is going on in MY STATE to tell me not to rock the boat. Guess what...the 15% unemployment rate is from FACTORY WORKERS, moron...so get your facts straight. She isn't stuck being unemployed forever if she leaves an office job...so get a life and don't post again unless it's something worthwhile.

Maybe it is dramatic but you apparently think that it's okay to FORCE them to work 10 hours a day with no lunch and only pay them for 8 of those hours because there is a recession. I hope you don't own a company and if you do...I hope your ass gets sued a hundred times over....

 

[Patricia_Young]

I just answered this on another forum.