[Jaime_Hearts]

I've been working as an admin for a company,who pays me salary, for about a little over a year now. More so recently, I've been staying late since business is picking up. Since I am on salary, I am not being compensated for the hours I stay late. When I accepted the job, I was told my salary was compensation for working 830-5. I stay till 6 or sometimes 7 about 3-4 days out of the week and my friend mentioned something to me that because I work in an admin position, which can sometimes require me to stay late, that I should be paid hourly, not salary. Is this true? I don't mind staying late, but when they don't compensate me, AND everyone else leaves and I'm the last person here, AND I have to be there at 830 the next morning, I feel cheated. Does anyone suggest a professional way to go about this? Or am I just SOL? :)

[ScottGem]

Admin is such a vague title it can be anything. But If you were hired as a salaried worker, then you are not eligible for OT. If you are doing your job well, talk to your boss. Explain that your work load has increased requiring you to spend more time on it. Ask for a raise.

[Jaime_Hearts]

Hi Scott,
Thank you for your answer. I assumed that is what I will need to do! We get yearly raises and bonus bi-yearly... so asking for another raise when I will get one this summer might be pushing it! :) the way I've been "compensating" my time is by coming in a little late in the morning (15-20 mins) on the mornings that I worked late the night before. Thank you again for your help!

[ScottGem]

That's another possibility. Some companies will give compensatory time off for those salaried individuals who work a lot of OT hours. Also, when Bonus time comes around, make sure your boss is aware of your extra work.

[twinkiedooter]

Jamie - Whatever you do don't start coming in late to "compensate" for working late. This does not show your professionalism. Quite the contrary, it shows that you are tardy and no boss wants a habitually tardy employee. If you keep up the promptness of being there at your regular time and working overtime you are showing the right attitude and the boss will notice your dedication. The way you are going about it now coming in late is not a good indication that you are truly serious about your job. You are not an executive yet so don't start acting like one until you are one.

[Fr_Chuck]

There is a federal min salary pay to get a company out of having to pay over time, I have looked it up a dozen time but don't remember at this time. It was somewhere in the mid 20 thousands 25 or 27, so if you are under the federal min amount required to be on salary, they still have to pay overtime.

[ScottGem]

Whatever you do don't start coming in late to "compensate" for working late. This does not show your professionalism. Quite the contrary, it shows that you are tardy and no boss wants a habitually tardy employee.

I disagree. When you are a salaried employee you are paid to do a job, not necessarily to be at your desk from x to y (though some salaried employees are expected to be present for specific times). If you have to stay longer to get your job done it goes with the territory. On the flip side, if your job can be done in less time, then it may not be necessary to be there on schedule.

[JudyKayTee]

I've been working as an admin for a company,who pays me salary, for about a little over a year now. More so recently, I've been staying late since business is picking up. Since i am on salary, i am not being compensated for the hours i stay late. When i accepted the job, i was told my salary was compensation for working 830-5. i stay till 6 or sometimes 7 about 3-4 days out of the week and my friend mentioned something to me that because i work in an admin position, which can sometimes require me to stay late, that i should be paid hourly, not salary. Is this true? i don't mind staying late, but when they don't compensate me, AND everyone else leaves and I'm the last person here, AND i have to be there at 830 the next morning, i feel cheated. Does anyone suggest a professional way to go about this? or am i just SOL? :)

There is also a "professional category" under the Fair Labor Standards Act which does NOT qualify for overtime. As an administrator I would think you fall into this "professional category." Employers tend to abuse the category and I actually saw Pharmacy Techs suddenly go from hourly to salaried to "professional" and - poof - not a large salary, no overtime. Note that you are in this "professional" category if you exercise discretion and judgment - such as a manager or administrator.

"While the classification of doctors, lawyers, and other “professional” occupations as exempt from many FLSA protections is self-evident, the law ambiguously stipulates that professionals “who regularly exercise discretion and judgment” are also exempt.

The Fair Labor Standards Act provides for a “professional exemption” for such jobs as:

One that requires advanced education or knowledge
Work in an original and creative artistic field
Teaching
Computer systems analyst, programmer, engineer, or similar field
Those who perform work which is intellectual and varied in character, the accomplishment of which cannot be standardized as to time
Those who regularly exercise discretion and judgment

These classifications have frustrated many workers, such as computer and information system workers, who have a great deal of specialized knowledge but no professional training. These changes to the law allow many companies to reclassify these workers as “professionals” and thus not pay them overtime."