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Salaried employee quit and now wants OT? Help! Trying to sue us for 100k

Last post 02-08-2013, 11:21 AM by TXHRGuy. 2 replies.
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  •  12-17-2012, 9:36 AM 11034

    jamie5136 is not online. Last active: 12-17-2012, 9:36 AM jamie5136



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  • Salaried employee quit and now wants OT? Help! Trying to sue us for 100k

    Our company hired a woman on a salaried basis as an HR person and a paralegal. For many years she excepted her yearly wage and never worked OT or ask for OT. As soon as she quit, she is now saying we owe her over 100k in OT!!! Our lawyers say we should pay up. (by the way, they helped her find a new job). I have never heard of such a thing in my life and it sounds like extortion to me. Help!
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  •  12-28-2012, 3:09 PM 11037 in reply to 11034

    editorial is not online. Last active: 04-16-2014, 11:51 AM editorial



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  • Re: Salaried employee quit and now wants OT? Help! Trying to sue us for 100k

    Jamie5136,

    Apparently your attorneys have determined that the person is non-exempt (most paralegals are) and that she worked, what, 3,000 hours of unpaid overtime?

    Do you have any records that might refute that number?

    For example:

    Computer login data

    Building entry security entries or

    Security video

    Also, you say she never worked OT; do you mean she never worked more than 40 hours in a week?

    Just some thoughts; not legal advice.

     

    Best wishes,

    Steve

     

     


    missmmc
  •  02-08-2013, 11:21 AM 11053 in reply to 11034

    TXHRGuy is not online. Last active: 05-23-2013, 4:36 PM TXHRGuy



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  • Re: Salaried employee quit and now wants OT? Help! Trying to sue us for 100k

    jamie5136:
    Our company hired a woman on a salaried basis as an HR person and a paralegal. For many years she excepted her yearly wage and never worked OT or ask for OT. As soon as she quit, she is now saying we owe her over 100k in OT!!! Our lawyers say we should pay up. (by the way, they helped her find a new job). I have never heard of such a thing in my life and it sounds like extortion to me. Help!

     

    Generally speaking, you may only pay an employee on a salary basis if that employee is exempt from the overtime and minimum wage provisions of the Fair Labor Standards Act.  In order to be exempt, the job must pass the duties test and the employee must be paid on the salary basis.

    If you have sufficiently violated the salary basis of pay in the past or if the job does not pass the duties test, then the job is not exempt and the worker is entitled to minimum wage and overtime pay.

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