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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marketing

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

 

 

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missmmc

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.