Is working 60+ hrs a week and only getting paid for 40 legal because you are "salaried"?

[teyo]

Is it legal for an employer in Illinois to work an employee an average of 60+ hours a week while only paying them for 40 hours at a rate of $12/hr? This is over the $445/week minimum, but the hours sometimes go up to 75 or 80 hours a week. The position is labeled "manager," but the actual duties are the same as regular employees. This also includes working 12-16 hour days and 14-15 day work weeks. I think this is against Illinois labor laws, but employer says that the position is "salary exempt" and can make employee work as many hours as needed.

[leonie36]

if you are performing the same duties as other employees then most likely this position does NOT meet the criteria to be exempt. the amount of the weekly salary is only a small part of qualifying for exempt status.

see:
http://www.dol.gov/esa/whd/regs/compliance/fairpay/main.htm
the different fact sheets concerning exempt status are listed at the bottom of the page.

[roche]

There are exempt employees and non-exempt employees. Exempt employees are salaried employees who are hired at a set annual salary and are not eligible to be paid overtime.

Non-exempt employees are employees who are hired to be paid an hourly rate. Thus, being paid by the hours worked and are eligible to be paid for overtime for hours worked in excess of 40 hours. If this is your case, then this would qualify as a violation under the Labor Laws.

This is the only information that I can provide at this time because your question does not state how you were going to be paid when hired for the position. If you would like to add additional details under your question or email me if you prefer, I would be happy to elaborate on my answer.

[vohkinne]

Unfortunately, this is standard practice. If you feel as if your employer is demanding extra hours as a regular schedule (for example, they make everyone come in six or seven days a week, every week, with little or no reason such as a particular project), then I would at least consult a labor lawyer. I have seen this too, when I worked for an investment bank. However, I just have a sneaking suspicion that sometimes these demands cross the line of legality.

[weiford]

If the position is legally salaried exempt, then yes, it would be legal. But just because it's salaried, and over the dollar cutoff, doesn't mean it's exempt - depends not only on the title but also on the duties and the authority the person has. Just calling someone a manager does not make them exempt.

[crom]

Sorry, but it is absolutely legit. When you are salaried, your boss can require you to work as many hours as he wants, in any state. You have the option of giving up the salaried job and going back to hourly wages. The title may sound good, but it won't put bread on the table.

[nissim42]

check employment security agency website in your state.Usually salary is salary.You are def getting the shaft though.

[jung-hwa75]

Sorry.......you signed on.........If you don't like it quit......just remember......an employer cannot make you do anything you don't want to do.........easy.......