Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I am doing duties that are not under my job description and have coworkers completing duties that are under my job description. I also regularly work overtime, but my coworkers doing similar duties do not have enough to do. I am not getting compensated for my overtime. I have been told about an 80/20 rule that says I am supposed to do at least 80 percent of my job description and someone else can do the rest. Is all of this legal and what can I do about it?
A:
There is no 80/20 rule. Every position description has a provision requiring an employee to perform other duties as assigned. If your position description is inaccurate, you should request that your supervisor amend it and then you should request a desk audit to see if the job should be upgraded. If you are required to work overtime you are entitled to payment. If you are not-exempt from the FLSA (any of your SF-50s will tell you if you are exempt or non-exempt from FLSA), you are entitled to time and a half if you are required or allowed to work overtime. File a claim, but make sure you have records.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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