Overtime Pay

Discussion in 'Archived Threads 2001-2004' started by Mark Fitzsimmons, Jan 15, 2003.

  1. Mark Fitzsimmons

    Mark Fitzsimmons Supporting Actor

    Joined:
    Aug 18, 2001
    Messages:
    539
    Likes Received:
    0
    It is my understanding that if one works over 40 hours per week, he is entitled to time and a half pay for all hours over 40. This is federal law.

    I have had quite a few paychecks from my job where overtime was not paid to me. I have the pay slips to prove this. I regularly work sundays and holidays (fourth of july, labor day, memorial day, etc.)

    Are there any exceptions to the overtime law? Is there a valid reason why I was never paid overtime?
     
  2. Kirk Gunn

    Kirk Gunn Screenwriter

    Joined:
    Aug 16, 1999
    Messages:
    1,609
    Likes Received:
    0
    If you are salaried employee, you are exempt from OT pay.

    My job reduces your annual bonus if you don't show at least 15% OT over the year.... But then again, in IT, 15% OT is low. I had a co-worker "demoted" to hourly pay status (which includes OT). He makes more now. Strange how those things happen, and a crappy workplace out there now.
     
  3. Lew Crippen

    Lew Crippen Executive Producer

    Joined:
    May 19, 2002
    Messages:
    12,060
    Likes Received:
    0
    I begin this with a disclaimer: ‘I am not a lawyer’. Regardless of what you read here or how valid the advice, you should likely consult a lawyer. Further most States will have labor department which you can consult. You can also check with the Federal Department of Labor.

    There are many exceptions to the overtime law. These exceptions tend to be in professional and managerial areas. Many companies have two categories of employees: exempt (from overtime pay) and non-exempt. It is pretty likely that you would have known if you were in an exempt catagorey.

    Go see the appropriate agency in your state and find out for sure.
     
  4. Mark Fitzsimmons

    Mark Fitzsimmons Supporting Actor

    Joined:
    Aug 18, 2001
    Messages:
    539
    Likes Received:
    0
    Excemptions.

    I did some quick reading online about excemptions. It appears if a business nets less than $500,000 per year then it would be excempt. I am sure my employer makes less - I work as a lifeguard at a pool. However, there is an excemption to this excemption. This rule no longer applies if you are employeed by a Federal, State, or Local Government agency. My formal employer is the City of Columbiana - local government. I can not see why they would not be obligated to pay overtime.

    Furthermore, I am not a salaried employee, I make an hourly wage. I punch the clock everyday.

    One potential loophole I think they may fall into is that I am a seasonal employee. I work only in he summers and do not retain employment through the winter season, I have to reapply at the begining of every new year. In fact, I just put my application in for this summer shortly ago.

    You mentioned exceptions may apply in professional areas - this may be another loophole they fall into. My position is considered to be professional. My official job title is 'Professional Rescuer' or more simply lifeguard. Like other professional jobs, I am drug tested each year.

    As far as I know, I am not excempt, I was never informed. It seems to me we have a clear violation of the Federal Fair Labor Standards Act and my employer owes me some cash from unpaid wages. I've done a little bit of reading and have found no excemptions that clearly apply to me.
     
  5. Jay H

    Jay H Producer

    Joined:
    Mar 22, 1999
    Messages:
    5,654
    Likes Received:
    32
    Location:
    Pittsfield, MA
    Real Name:
    Jay
    Mentioned here already, it is different if you are paid by the hour or are salaried. Our company calles it Exempt and non-exempt employees though I have never figured out what I am exempt from? [​IMG] But in our company, we are paid a time and a half if we work in excess of 44 hours per work week (out of the normal 40 hour week) So if you happen to work 43 hours, you don't get paid but if you work 45 hours, you would get paid 5 hours at 1.5 your base hourly rate. Even though salaried employees don't have an "hourly" rate, the company basically calculates your hourly rate from your annual salary and the # of hours in a work-year.
    Jay
     

Share This Page