Ask Rita in HR

Ask Rita in HR is actually written by three HR attorneys: Ellen Aldridge, Pamela Fyfe, and Siobhan Kelley. They are at the Nonprofits Insurance Alliance Group, one of the sponsors of American Nonprofits and Blue Avocado. All three of them advise nonprofits on wrongful termination, wage & hour, discrimination, harassment and other employment issues -- before they are sued -- to keep them out of court.

Photos of Ellen, Pamela, and Siobhan who are writers for this column

Overtime Pay for Nonprofit Preschool Teacher?

Dear Rita:

I'm a daycare worker for a nonprofit agency. My employer pays me a salary and refuses to pay overtime when I work more than 40 hours a week. The executive director says I'm not entitled to overtime pay because I am a "salaried teacher." I think the real issue is whether I am an exempt employee. I don't supervise other employees and I don't have a college degree or a license. What advice can you give me?

Don't Drive, Chew Gum and Use the Phone at the Same Time

Dear Rita:

As a social worker for a nonprofit, I am required to carry a cell phone with me. Sometimes my supervisor calls me when I am driving. If I don't answer the call, she might think I'm shopping instead of working. However, I am concerned about whether I can be a safe driver while talking on the cellphone. Can I refuse to answer calls while driving without being reprimanded? -- Not Chatty Cathy

Dear Not Chatty Cathy:

Ask Rita Disclaimer

Ask Rita in HR is provided as a forum for our readers to learn about and discuss current developments in human resource law. It is not intended to provide a legal opinion or specific legal advice. Please remember that RitaaEU(tm)s answers are fact-specific and may be affected by state laws. Information regarding state law can typically be found through your stateaEU(tm)s Department of Labor or Chamber of Commerce website. Should issues arise involving a specific legal matter involving you or your nonprofit you are encouraged to contact legal counsel or your D & O insurance carrier which may provide employment advice as a service to its insured organizations.