I never understood the overtime laws. I never get paid for overtime. I work for a corporation with about 400 employees. We didn't talk about overtime when I started my job. I just was supposed to do my 40 hours and that would be all. But the past couple of months I have been worried about the company taking advantage of me since I am very trusting. I was asked by my boss to stay late all the time because the company isn't making so much money. Now I work about 50 hours a week. I work at least 1 hour overtime very day. I never get paid but this is supposed to be part of helping the team. Why are some people entitled to get overtime? I read about a lawsuit that the company didn't pay the workers for overtime.
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must the company pay me for overtime?
- Thread Starter amployed
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What are your job duties? What is your industry?
The default under the federal FLSA law is minimum wage and overtime requirements. HOWEVER the FLSA law is pretty much Exceptions-R-Us. There are something like a 100 or so exceptions in the FLSA law to minimum wage, overtime, or both. NY state cannot make federal law go away but it can add it's own rules in addition to federal law. These exceptions are based on actual job duties, industry or sometimes both. So basically we need you to answer those two questions so we can see whether or not one of the Exempt classifications applies to you.
The default under the federal FLSA law is minimum wage and overtime requirements. HOWEVER the FLSA law is pretty much Exceptions-R-Us. There are something like a 100 or so exceptions in the FLSA law to minimum wage, overtime, or both. NY state cannot make federal law go away but it can add it's own rules in addition to federal law. These exceptions are based on actual job duties, industry or sometimes both. So basically we need you to answer those two questions so we can see whether or not one of the Exempt classifications applies to you.
cbg
Super Moderator
Quite honestly, no, it's not.
http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf
Take a look at this fact sheet.
http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf
Take a look at this fact sheet.
Based on what has been said so far, non-exempt. But agreed, read the factsheet cited. Job titles are legally meaningless, so a hard look has to be taken at ALL job duites. Do you supervise? If so, maybe Executive exception. Maybe Professional. Maybe Administrative. IT Professional is not likely based on what has been said. But what you said by itself is not definative. Example. Jan and Dean are both cooks. But Jan is the head chef for a 5 star restaurant and Dean flips burgers at Mickey Ds. One is likely Exempt and other is likely non-exempt, even though they are both "cooks". You basically need to read each and every one of the rules for the so-called White Collar exceptions and see if there is anyway the employer can claim that those rules apply to you.
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