Salaried position that entails a 50 hour work week. Overtime or no?

[panteno]

I was called for an interview today for a position as a recruiter for a healthcare staffing agency in a Philadelphia suburb.

The lady I spoke with told me the hours are 8-6 Monday through Friday, which would be at least a 50 hour work week (she also mentioned the possibility of having to be in the office earlier in the morning or staying later at night). In addition, I would be required to be on call for 3 days a week (24 hrs each day) as well as for two weekends each month (24 hrs each of those extra 4 days as well). The position is salaried and not per hour.

My question is: I was under the impression that anything over a 40 hour work week was considered overtime. Does it not work the same way if it's a salary instead of an hourly wage? Is it legal to make people work over 40 hours and not pay them overtime if they're on a salary?

I'm trying to do some research so I can be prepared with questions when I go in for the interview, but honestly all the legal terminology is was over my head. Is there anyone familiar with PA labor laws who can clue me in?

[albanwr26]

If you work on a salary basis you receive the same pay even if you work over time. A salary locks you in so they don't have to pay over time, etc. It's something to consider when applying for a job especially this job. To be on call for those many days and hours is really something to consider. Doesn't give you much time to have a life of your own.

When you go to the interview ask any question you're not sure of. This would be the time to find out exactly if you would get payed a separate salary for "on call" duties. However, generally when you are payed a salary and not an hourly wage you don't get payed for over time. When I say "generally" I not sure about all the on call hours you're asked to put in. If it's fair or not and if they expect to pay you a salary wage with on call hours then that's what will be expected of you.

Sounds like they want to hire one person that should require two people and save money besides by paying a salary wage.

During these difficult times companies are trying to save money the best way they can. Don't be afraid to ask any questions to feel the need to ask and it sounds like you have plenty of questions to ask. Ask now, you don't want any surprises later. If the salary wage is enough for the hours you are expected to perform it's also something to consider. And don't be afraid to ask what your salary will be. A lot of people think that asking what the salary for the job is, is not a proper question to ask before excepting a job. To me that would be the first question I would ask and there's nothing wrong with that. I don't want to tell you not to take the job if offered. With the scarcity's of jobs today I don't think I would just push it aside. If the salary they pay you is decent enough it may all work out in the end even it you have to be on call.

You're going to have to ask them if your salary covers the on calls that you are asked to do. I'm thinking it does.

[piaras91]

I have been a "non-exempt" employee since 1981. That means I am paid the same whether I put in 30 hours or 90 hours.

8 - 6 is not a 10-hour work day. There is usually time off for lunch and breaks. If you get a one hour lunch and two 15-minute breaks you will only work 8-1/2 hours.

[benon]

No it doesn't work the same way for salaried employees. That's a big part of the reason for having the two different types of pay. There is no overtime for a salaried employee.

[tupac]

Salaried is not hourly. Therefor you will not receive overtime. Overtime is for the hourly grunts. Be glad you are not one of them. Welcome to the grownup world.

fs

[starling]

No.

Often a greedy corporation will put an employee on a salaried basis simply to not have to pay them overtime wages.

[kyledyr]

Only hourly workers get overtime pay.

[rheged]

Federal law does permit salaried employees to work in excess of 40 hours a week without overtime. Pennsylvania may impose stricter guidelines on employers than the federal government does, but I suspect if your employer is telling you your wages and hours up front, they are probably in line with the laws of your state and federal law. Employers don't want to mess up labor and wage laws because the consequences can be harsh, and your employer probably knows precisely what they are talking about, or their attorney does.

For hourly employees, 40+ is overtime at time and a half.

Since the law isn't on your side in this case, or at least I bet it is not, it comes down to salary negotiation or job requirement negotiations between you and your employer.

[bean]

You need to talk with someone with your state's labor commission. Labor laws vary from state to state, but not all salary positions are exempt from overtime. Salary is just a method of payment, not legal slavery. Your state's labor commission can tell you if your position is overtime exempt or not based upon your duties. For example, are you responsible for scheduling work loads and work schedules for others? Generally, managers and supervisors are exempt. Many employers will try to say all salaried position are exempt but that's not true.
You need to research the labor laws pertaining to your job duties, both state and federal, to see if you are exempt from overtime.

[deangelo51]

If you are on salary, then your work week is 168 hrs/wk. (24 x7). Anything else is in the contract or the employee handbook. Nothing that the person tells you is true, unless it is in writing.

There is no such thing as overtime for a salaried employee. If you work 40 hrs, you get paid X. If you work 80 hrs, you get paid the same X. No extra. If you work less than 40 hrs, you still get X.

Salaried employees must know the scope of their work and know how many hours per day/wk/etc it will take. You base your decision on whether to take the job or not on whether you can live with that pay.