I’m a chef and work very long hours. Can I claim overtime if I was paid on salary?
I worked about 80 hours a week, without any actual breaks..I am paid on a salary basis so does it considered me as an "exempt"? Can I still claim the 40 hours overtime? How?
Thank you.
It should all be set out in your Contract of Employment. You should have got one with in a couple of weeks of starting. It will set out the number of hours you work a week, start and finish time, notice period and whether you get paid overtime.
Anyway, unless you signed away your rights under the EU Working Week Directive, they are breaking the law if they make you work more than 48 hours a week.
You are also entitled to regular breaks including a lunch break of at least 30 minutes.
Being salaried has nothing to do with whether you get paid overtime or not.
March 1st, 2010 at 2:37 pm
No if you are contracted to salary with no agreement on more pay over a specified amount of hours then you cannot. But all states are different and it may very depending on the labor laws where you live check with your states labor dept.
References :
The great wazu
March 1st, 2010 at 3:21 pm
You can’t claim overtime if you are salaried. That is the point of being salaried. You are given a specific salary regardless of the number of hours you work.
References :
March 1st, 2010 at 3:56 pm
It should all be set out in your Contract of Employment. You should have got one with in a couple of weeks of starting. It will set out the number of hours you work a week, start and finish time, notice period and whether you get paid overtime.
Anyway, unless you signed away your rights under the EU Working Week Directive, they are breaking the law if they make you work more than 48 hours a week.
You are also entitled to regular breaks including a lunch break of at least 30 minutes.
Being salaried has nothing to do with whether you get paid overtime or not.
References :