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Is any of this illegal?

I work for a small non-profit organization with five employees. We are salaried. We get no breaks during the workday, and we often come in early and have to stay late. We don't get overtime, but I'm not sure what the exemption rules are. Is all of this legal? What are the exemptions for overtime?

11 Answers

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  • 1 decade ago
    Favorite Answer

    Go to your HR department, if you don't have one for 5 people, go to the person that hired you and state your issues. They must have the employment laws posted. If they don't go to your state department of labor. Not all salaired employees are considered "exempt". Your local department can determine "exempt" and "non-exempt" status. If none of that works, get others to join in and demand better work conditions, it is amazing what you can get when you ask for it. However, be ready to walk out.

  • Smiley
    Lv 6
    1 decade ago

    Check with your local labor department. They will know the laws for your state. There are state laws and federal laws. The state laws only take priority if they are more strict than the federal laws.

    Also some people on salary do qualify for overtime, management may be exempt but not all people on salary are.

  • Anonymous
    1 decade ago

    What state do you live in? Labor laws very from state to state. Here in NC the law does NOT require breaks to be given. Salaried employees don't get overtime.

  • 1 decade ago

    I dont know, but i think no lunch time is weird, I can not say if you dont have lunch time that means it is illegal, because the laws i have seen so far do not mention if there is any limits on the number of breaks the employees can take during the days. so i think all of the above are legal. the problems are that your boss does not believe in humanity, that is the problem you guys need to talk with him that you guys need breaks for the lunch.

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  • 1 decade ago

    If you work an 8 hour shift, the law states that you are mandated a 30 minute break. I was in your position too so I did some research and found they can't legally give you no break if you work a minimum 8 hour work day.

  • 1 decade ago

    Yes, not getting paid for over-time is illegal and you can report this to the better business bureau. After filing the complaint they will investigate and if they find your employer guilty of such accusations they will make your employer back pay each employee for all of the over-time.

  • 1 decade ago

    You are salary. You don't get overtime.

    But you should be entitled to at least a half hour lunch break...

  • Anonymous
    1 decade ago

    I believe this is a question for your state's labor relations agency.

    http://www.dol.gov/esa/regs/compliance/whd/fairpay... looks like it might be a good place to start your research.

    Good luck!

  • 1 decade ago

    i think it's illegal if you don't get a break for a full time shift. you need a lunch break.

  • Anonymous
    1 decade ago

    saleried people don't get overtime, thats why you are on salery!

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