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Overtime pay requirement

A

AgentJean

Banned
I just started a job with this staffing agency to work as a field tech for another company deploying desktop PCs. Part of the paper work from my employeer(the staffing agency) stated that in order for me to get paid 1 and a half I must have written approval prior to working more than 40 hours a week. Now, this written approval takes time. My recuriter must sign off on it, it must then be OKed by accounting and then someone in management must give their OK( a bunch of Corporate BS if you ask me). If there is no approval I don't get base pay *1.5 for the overtime hours.

Is this legal? I thought all hours worked over 40 were required OT pay under federal labor laws period(with the exception of some professions, I am not under one of the except professions however.)
 
Well I guess if you signed the paperwork before getting hired then you might have relinquished the right to receive time and a half OT voluntarily.

Dunno about the legalities of the situation though.
 
I found this from the Department of Labor:

The FLSA requires that most employees in the United States be paid at least the Federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

However, Section 13(a)(1) and Section 13(a)(17) of the FLSA provide an exemption from both minimum wage and overtime pay for computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties and who are paid at least $455 per week on a salary basis or paid on an hourly basis, at a rate not less than $27.63 an hour.



I'm a hourly employee making less than $27.63 and I am NOT "computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field"

But can an employer make "null and void" Federal law via a clause I need to sign off on?

Originally posted by: chrisms
Simply walk off the job if you go a second over 40 hours.
Click to expand...

If my job was doing worth within the staffing agency, I would have no problem doing that.
The things is I like the company I've been sold to(so far) and I don't want this opertinuty and possible permenent employment to be screwed up by some 3rd party staffing firm
 
Originally posted by: AgentJean
I found this from the Department of Labor:

The FLSA requires that most employees in the United States be paid at least the Federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

However, Section 13(a)(1) and Section 13(a)(17) of the FLSA provide an exemption from both minimum wage and overtime pay for computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties and who are paid at least $455 per week on a salary basis or paid on an hourly basis, at a rate not less than $27.63 an hour.



I'm a hourly employee making less than $27.63 and I am NOT "computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field"

But can an employer make "null and void" Federal law via a clause I need to sign off on?
Click to expand...



They aren't saying you won't get paid for overtime. They are saying that you need prior approval before working overtime. So like I said, don't work a second over 40 hours without prior approval and you are fine. What you are referring to doesn't apply here because they are not denying you overtime pay.
 
Well as others have said, if you do not have approval then you simply quit after 40 hours in one week. It's their rule, so you can't get in trouble for it. Works the same way at my job.
 
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE
 
You need to contact the DOL directly for the answer. If your employer has refused to pay you for time you worked, the DOL will investigate and see that you are paid properly.
 
Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE
Click to expand...

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?
 
LOL, no you are not guarnteed overtime pay. It's not unlawful to NOT pay you overtime.

Are you exempt or not?

That will answer your question. Plus look at your offer letter.
 
Originally posted by: waggy
Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE
Click to expand...

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?
Click to expand...

Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:
 
Originally posted by: spidey07
LOL, no you are not guarnteed overtime pay. It's not unlawful to NOT pay you overtime.

Are you exempt or not?

That will answer your question. Plus look at your offer letter.
Click to expand...

According to the DOL website, you are in fact required to pay OT pay at no less than 1 and a half times your normal pay when over 40 hours, except for exempt jobs.
 
Originally posted by: AgentJean
Originally posted by: waggy
Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE
Click to expand...

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?
Click to expand...

Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:
Click to expand...

yeah it sucks.

so you have a choice. work for free or be a man and talk to people about it. stand up for what you think is right. IF you work OT you should be paid. if they don't want to then you should leave.

 
During high school I worked at Burger King. One day I was approaching 40 hours and they wanted me to stay two more hours. One of the managers asked me to punch out so that I wouldn't go on overtime, and also stated the extra time would go on my next week's pay. I said I wouldn't do that. She said, "so you are not staying?" I asked if I would get overtime and she said I wouldn't. I said that I wouldn't stay then. They were all pissed at me, and I didn't give a sh!t.
 
Originally posted by: AgentJean
Originally posted by: waggy
Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE
Click to expand...

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?
Click to expand...

Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:
Click to expand...

then you don't want that job, unless you LIKE getting boned
 
Originally posted by: AgentJean
Originally posted by: waggy
Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE
Click to expand...

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?
Click to expand...

Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:
Click to expand...

that's an issue between the client and the staffing agency. in other words, it's above your pay grade to worry about it. the client probably already knows that you need permission from the staffing agency to work overtime.
 
Originally posted by: AgentJean
Originally posted by: waggy
Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE
Click to expand...
yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?
Click to expand...
Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:
Click to expand...
Kindly explain to the client that you are not allowed to work OT unless authorized otherwise you get $0 for the OT.

If they are still insistent on your working OT, then tell them to take it up with the agency.
 
Originally posted by: ElFenix
that's an issue between the client and the staffing agency. in other words, it's above your pay grade to worry about it. the client probably already knows that you need permission from the staffing agency to work overtime.
Click to expand...

Not to mention it makes more money for the staffing agency.

Just handle it like a pro, if asked or need to work overtime just politely say "hey, I'm here to help and want us to be successfull but wanted to make sure you are cool with a little overtime to meet this goal? Is that alright?"

You're covered.
 
Originally posted by: spidey07
Originally posted by: ElFenix
that's an issue between the client and the staffing agency. in other words, it's above your pay grade to worry about it. the client probably already knows that you need permission from the staffing agency to work overtime.
Click to expand...

Not to mention it makes more money for the staffing agency.

Just handle it like a pro, if asked or need to work overtime just politely say "hey, I'm here to help and want us to be successfull but wanted to make sure you are cool with a little overtime to meet this goal? Is that alright?"

You're covered.
Click to expand...

No, you're not. It was established that you need written approval before working OT so a smile and a handshake with someone who isn't in a position to make that decision is not going to get you anywhere. Simply state the facts--you need prior written approval before working overtime. You didn't make the rules you just follow them. If they have a problem with that then it isn't a company you want to be working for anyway.
 
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