YAWT: Overtime on salaried position

[fleshconsumed]

MrDudeMan. I asked a specific question, I got answer. In the meantime you need to improve your reading skills.

 

[spidey07]

Originally posted by: MrDudeMan
OP, you sound arrogant and childish. Sorry, but it's true. The fact that you even brought this up shows how little experience you really have regardless of what you claim. Listen to kranky.

Not to slam but that's the first thing i though of as well.

"So what kind of pay can I expect for anything over 40 hours per week and what is your policy?"

Interviewer - "bwahahahahahahaha! What? Wait? You're serious? Bwahahahhahahaha, get out. You are paid to get the job done, not on the hours you work."

 

[JS80]

you just graduated and you're worried about this? you should be focusing on working as many hours as you can right now.

 

[oboeguy]

Welcome to "at will" employment. Get used to bending over!

 

[Nutdotnet]

Originally posted by: thomsbrain
exempt employees (salary) get paid to do the job, however long the job takes. they don't have to pay you ANY overtime, and yes, they can require that you work it. the fact that they are willing to give you a little extra compensation for going the extra mile is a good thing.

that said, i know what it's like to get paid less than you feel you are worth. it really puts a shadow over everything, even if you love the people with whom you work and you get recognized for your efforts in other ways. pats on the back don't pay the rent.

Sorry, I don't mean to pick on you but your post, as well as many others, is not accurate.

Salary != Exempt

You can have a salaried, non-exempt position. You can also have an hourly, exempt position. Both are rare, but both are possible.

Exempt only refers to the eligibility of overtime. A non-exempt salaried employee can accrue overtime if they work over 40 hours per week, or, like in my state, over 8 hours per day.

OP- can you clarify something for me? Is this an non-exempt (overtime pay eligible) or exempt (no overtime pay) position? You say any OT worked is paid at half your regular pay right? Well, that may violate DOL regs if it is a non-exempt position.

However, if it is an exempt position, than the "half your regular pay" is a Company policy and you should be happy with that...they're choosing to pay employees when they don't need to.

Oh, and regarding your other question: Employers can require you to work OT all they want, if you say no they can discipline and/or terminate you...all they need to do is stay within the FSLA.

 

[waggy]

i love threads like this.

the only sad part is so many kids out of college now expect everything and think if they don't get it the company is breaking the law.

 

[spidey07]

Originally posted by: waggy
i love threads like this.

the only sad part is so many kids out of college now expect everything and think if they don't get it the company is breaking the law.

Entitlement mentality for the loss for sure.

 

[Reel]

Originally posted by: Nutdotnet

Originally posted by: thomsbrain
exempt employees (salary) get paid to do the job, however long the job takes. they don't have to pay you ANY overtime, and yes, they can require that you work it. the fact that they are willing to give you a little extra compensation for going the extra mile is a good thing.

that said, i know what it's like to get paid less than you feel you are worth. it really puts a shadow over everything, even if you love the people with whom you work and you get recognized for your efforts in other ways. pats on the back don't pay the rent.

Sorry, I don't mean to pick on you but your post, as well as many others, is not accurate.

Salary != Exempt

You can have a salaried, non-exempt position. You can also have an hourly, exempt position. Both are rare, but both are possible.

Exempt only refers to the eligibility of overtime. A non-exempt salaried employee can accrue overtime if they work over 40 hours per week, or, like in my state, over 8 hours per day.

OP- can you clarify something for me? Is this an non-exempt (overtime pay eligible) or exempt (no overtime pay) position? You say any OT worked is paid at half your regular pay right? Well, that may violate DOL regs if it is a non-exempt position.

However, if it is an exempt position, than the "half your regular pay" is a Company policy and you should be happy with that...they're choosing to pay employees when they don't need to.

Oh, and regarding your other question: Employers can require you to work OT all they want, if you say no they can discipline and/or terminate you...all they need to do is stay within the FSLA.

The job I am starting in 2 weeks is salaried non-exempt. If our project authorizes OT, then we will be paid standard time for every hour over 45. We also have the 9/80 workweeks mentioned above. It sure beats my previous job where the expectation was a minimum of 10% unpaid overtime and the average was probably more like 25% overtime.

 

[mugs]

Originally posted by: spidey07

Originally posted by: MrDudeMan
OP, you sound arrogant and childish. Sorry, but it's true. The fact that you even brought this up shows how little experience you really have regardless of what you claim. Listen to kranky.

Not to slam but that's the first thing i though of as well.

"So what kind of pay can I expect for anything over 40 hours per week and what is your policy?"

Interviewer - "bwahahahahahahaha! What? Wait? You're serious? Bwahahahhahahaha, get out. You are paid to get the job done, not on the hours you work."

:thumbsup: OP, sorry this bothers you, but you're not working at McDonald's. You're not being paid to be present, you're being paid to do a job.

 

[fleshconsumed]

Originally posted by: Nutdotnet

Originally posted by: thomsbrain
exempt employees (salary) get paid to do the job, however long the job takes. they don't have to pay you ANY overtime, and yes, they can require that you work it. the fact that they are willing to give you a little extra compensation for going the extra mile is a good thing.

that said, i know what it's like to get paid less than you feel you are worth. it really puts a shadow over everything, even if you love the people with whom you work and you get recognized for your efforts in other ways. pats on the back don't pay the rent.

Sorry, I don't mean to pick on you but your post, as well as many others, is not accurate.

Salary != Exempt

You can have a salaried, non-exempt position. You can also have an hourly, exempt position. Both are rare, but both are possible.

Exempt only refers to the eligibility of overtime. A non-exempt salaried employee can accrue overtime if they work over 40 hours per week, or, like in my state, over 8 hours per day.

OP- can you clarify something for me? Is this an non-exempt (overtime pay eligible) or exempt (no overtime pay) position? You say any OT worked is paid at half your regular pay right? Well, that may violate DOL regs if it is a non-exempt position.

However, if it is an exempt position, than the "half your regular pay" is a Company policy and you should be happy with that...they're choosing to pay employees when they don't need to.

Oh, and regarding your other question: Employers can require you to work OT all they want, if you say no they can discipline and/or terminate you...all they need to do is stay within the FSLA.

I just checked the contract, it says "salaried non-exempt, eligible for overtime pay based on a standard work week of fifty hours". Does that mean that they only have to pay overtime if I go over 50 hours a week (which is what I think HR person was telling me), but not necessarily if I go over 40? Can you elaborate on why do you think it may violate DOL regulations? Any place where I can find specific references?

 

[Nutdotnet]

Originally posted by: Reel

Originally posted by: Nutdotnet

Originally posted by: thomsbrain
exempt employees (salary) get paid to do the job, however long the job takes. they don't have to pay you ANY overtime, and yes, they can require that you work it. the fact that they are willing to give you a little extra compensation for going the extra mile is a good thing.

that said, i know what it's like to get paid less than you feel you are worth. it really puts a shadow over everything, even if you love the people with whom you work and you get recognized for your efforts in other ways. pats on the back don't pay the rent.

Sorry, I don't mean to pick on you but your post, as well as many others, is not accurate.

Salary != Exempt

You can have a salaried, non-exempt position. You can also have an hourly, exempt position. Both are rare, but both are possible.

Exempt only refers to the eligibility of overtime. A non-exempt salaried employee can accrue overtime if they work over 40 hours per week, or, like in my state, over 8 hours per day.

OP- can you clarify something for me? Is this an non-exempt (overtime pay eligible) or exempt (no overtime pay) position? You say any OT worked is paid at half your regular pay right? Well, that may violate DOL regs if it is a non-exempt position.

However, if it is an exempt position, than the "half your regular pay" is a Company policy and you should be happy with that...they're choosing to pay employees when they don't need to.

Oh, and regarding your other question: Employers can require you to work OT all they want, if you say no they can discipline and/or terminate you...all they need to do is stay within the FSLA.

The job I am starting in 2 weeks is salaried non-exempt. If our project authorizes OT, then we will be paid standard time for every hour over 45. We also have the 9/80 workweeks mentioned above. It sure beats my previous job where the expectation was a minimum of 10% unpaid overtime and the average was probably more like 25% overtime.

Uh...hmm...I'd like to know how they get away with that...are you an independant contractor?

Anything over 40 straight-time hours per week (federal) is OT. You work over 45 hours last week? You receive 5 hours OT. OT is time & a half. OT is not paid at the standard rate.

 

[spidey07]

Originally posted by: Nutdotnet
Uh...hmm...I'd like to know how they get away with that...are you an independant contractor?

Anything over 40 straight-time hours per week (federal) is OT. You work over 45 hours last week? You receive 5 hours OT. OT is time & a half. OT is not paid at the standard rate.

What part of salaried non-exempt do you not get?

 

[postmortemIA]

Originally posted by: fleshconsumed
45K downtown chicago

If you have 4 yrs CS degree, you are seriously underpaid.

 

[mugs]

Originally posted by: spidey07

Originally posted by: Nutdotnet
Uh...hmm...I'd like to know how they get away with that...are you an independant contractor?

Anything over 40 straight-time hours per week (federal) is OT. You work over 45 hours last week? You receive 5 hours OT. OT is time & a half. OT is not paid at the standard rate.

What part of salaried non-exempt do you not get?

... What part of non-exempt do you not get?

 

[Nutdotnet]

Originally posted by: spidey07

Originally posted by: Nutdotnet
Uh...hmm...I'd like to know how they get away with that...are you an independant contractor?

Anything over 40 straight-time hours per week (federal) is OT. You work over 45 hours last week? You receive 5 hours OT. OT is time & a half. OT is not paid at the standard rate.

What part of salaried non-exempt do you not get?

Haha....you sure you want me to answer that or would you like to educate YOURSELF on the Fair Standards Labor Act?

I could own your face if you'd like though.

 

[Nutdotnet]

Originally posted by: fleshconsumed

Originally posted by: Nutdotnet

Originally posted by: thomsbrain
exempt employees (salary) get paid to do the job, however long the job takes. they don't have to pay you ANY overtime, and yes, they can require that you work it. the fact that they are willing to give you a little extra compensation for going the extra mile is a good thing.

that said, i know what it's like to get paid less than you feel you are worth. it really puts a shadow over everything, even if you love the people with whom you work and you get recognized for your efforts in other ways. pats on the back don't pay the rent.

Sorry, I don't mean to pick on you but your post, as well as many others, is not accurate.

Salary != Exempt

You can have a salaried, non-exempt position. You can also have an hourly, exempt position. Both are rare, but both are possible.

Exempt only refers to the eligibility of overtime. A non-exempt salaried employee can accrue overtime if they work over 40 hours per week, or, like in my state, over 8 hours per day.

OP- can you clarify something for me? Is this an non-exempt (overtime pay eligible) or exempt (no overtime pay) position? You say any OT worked is paid at half your regular pay right? Well, that may violate DOL regs if it is a non-exempt position.

However, if it is an exempt position, than the "half your regular pay" is a Company policy and you should be happy with that...they're choosing to pay employees when they don't need to.

Oh, and regarding your other question: Employers can require you to work OT all they want, if you say no they can discipline and/or terminate you...all they need to do is stay within the FSLA.

I just checked the contract, it says "salaried non-exempt, eligible for overtime pay based on a standard work week of fifty hours". Does that mean that they only have to pay overtime if I go over 50 hours a week (which is what I think HR person was telling me), but not necessarily if I go over 40? Can you elaborate on why do you think it may violate DOL regulations? Any place where I can find specific references?

Are you an independant contractor?

 

[fleshconsumed]

Originally posted by: postmortemIA

Originally posted by: fleshconsumed
45K downtown chicago

If you have 4 yrs CS degree, you are seriously underpaid.

Like I said I graduate in two weeks, and so far I have two offers. Chicago downtown for 45K, and my current employer which I'm sure will beat 45K offer from downtown office especially considering only 20 minute commute time. However like I also said, I would prefer to change jobs. Now, I would have liked to have more offers, but at the moment this is all I have and I have to choose in two weeks. I just hope my other two contacts will go through in time and they make an offer so that I could leverage those.

 

[fleshconsumed]

Originally posted by: Nutdotnet

Originally posted by: fleshconsumed

Originally posted by: Nutdotnet

Originally posted by: thomsbrain
exempt employees (salary) get paid to do the job, however long the job takes. they don't have to pay you ANY overtime, and yes, they can require that you work it. the fact that they are willing to give you a little extra compensation for going the extra mile is a good thing.

that said, i know what it's like to get paid less than you feel you are worth. it really puts a shadow over everything, even if you love the people with whom you work and you get recognized for your efforts in other ways. pats on the back don't pay the rent.

Sorry, I don't mean to pick on you but your post, as well as many others, is not accurate.

Salary != Exempt

You can have a salaried, non-exempt position. You can also have an hourly, exempt position. Both are rare, but both are possible.

Exempt only refers to the eligibility of overtime. A non-exempt salaried employee can accrue overtime if they work over 40 hours per week, or, like in my state, over 8 hours per day.

OP- can you clarify something for me? Is this an non-exempt (overtime pay eligible) or exempt (no overtime pay) position? You say any OT worked is paid at half your regular pay right? Well, that may violate DOL regs if it is a non-exempt position.

However, if it is an exempt position, than the "half your regular pay" is a Company policy and you should be happy with that...they're choosing to pay employees when they don't need to.

Oh, and regarding your other question: Employers can require you to work OT all they want, if you say no they can discipline and/or terminate you...all they need to do is stay within the FSLA.

I just checked the contract, it says "salaried non-exempt, eligible for overtime pay based on a standard work week of fifty hours". Does that mean that they only have to pay overtime if I go over 50 hours a week (which is what I think HR person was telling me), but not necessarily if I go over 40? Can you elaborate on why do you think it may violate DOL regulations? Any place where I can find specific references?

Are you an independant contractor?

No, this is a full time position in a consultant-like company. That is this is not in-house job, they have staff, they go out, get contracts, and develop software for those contracts. But employees are full time.

 

[spidey07]

Originally posted by: Nutdotnet
Haha....you sure you want me to answer that or would you like to educate YOURSELF on the Fair Standards Labor Act?

I could own your face if you'd like though.

Have at it. It only serves me.

<---salary non-exempt, wouldn't mind making some more dough based on technicality.

 

[Nutdotnet]

Originally posted by: spidey07

Originally posted by: Nutdotnet
Haha....you sure you want me to answer that or would you like to educate YOURSELF on the Fair Standards Labor Act?

I could own your face if you'd like though.

Have at it. It only serves me.

<---salary non-exempt, wouldn't mind making some more dough based on technicality.

Haha, ok. I won't "own face", I'll try to help ya out.

Non-exempt means you're ELIGIBLE for overtime pay. Sure, you're salaried but your salary is based on a standard workweek, which in the United States, is typically 40 hours per week.

So, if you make $50,000/yr you divide this by 2080 (40 hours * 52 weeks) and you have your hourly rate ($24.03/hr).

If you work over that 40 hours of straight-time per week you are to be compensated based on your hourly rate + half of your hourly rate.

I hope that helps.

 

[Reel]

Originally posted by: spidey07

Originally posted by: Nutdotnet
Uh...hmm...I'd like to know how they get away with that...are you an independant contractor?

Anything over 40 straight-time hours per week (federal) is OT. You work over 45 hours last week? You receive 5 hours OT. OT is time & a half. OT is not paid at the standard rate.

What part of salaried non-exempt do you not get?

I don't know specifics of how it works. I will be an actual employee of the company. The 45 hours is due to the 9/80 work week. One week is 44 hours and one is 36 hours. I am not sure if it scales based on the week though. I have a lot of the documentation to review and you have me curious so I will start reviewing and get back to you.

 

[spidey07]

Originally posted by: Nutdotnet

Non-exempt means you're ELIGIBLE for overtime pay. Sure, you're salaried but your salary is based on a standard workweek, which in the United States, is typically 40 hours per week.

So, if you make $50,000/yr you divide this by 2080 (40 hours * 52 weeks) and you have your hourly rate ($24.03/hr).

If you work over that 40 hours of straight-time per week you are to be compensated based on your hourly rate + half of your hourly rate.

I hope that helps.

Thanks. :thumbsup: Looks like I need to have a meeting with my consulting company.

Salaried non-exempt. OT is straight time, 1.0xhourly.

 

[Nutdotnet]

Originally posted by: fleshconsumed

Originally posted by: Nutdotnet

Originally posted by: fleshconsumed

Originally posted by: Nutdotnet

Originally posted by: thomsbrain
exempt employees (salary) get paid to do the job, however long the job takes. they don't have to pay you ANY overtime, and yes, they can require that you work it. the fact that they are willing to give you a little extra compensation for going the extra mile is a good thing.

that said, i know what it's like to get paid less than you feel you are worth. it really puts a shadow over everything, even if you love the people with whom you work and you get recognized for your efforts in other ways. pats on the back don't pay the rent.

Sorry, I don't mean to pick on you but your post, as well as many others, is not accurate.

Salary != Exempt

You can have a salaried, non-exempt position. You can also have an hourly, exempt position. Both are rare, but both are possible.

Exempt only refers to the eligibility of overtime. A non-exempt salaried employee can accrue overtime if they work over 40 hours per week, or, like in my state, over 8 hours per day.

OP- can you clarify something for me? Is this an non-exempt (overtime pay eligible) or exempt (no overtime pay) position? You say any OT worked is paid at half your regular pay right? Well, that may violate DOL regs if it is a non-exempt position.

However, if it is an exempt position, than the "half your regular pay" is a Company policy and you should be happy with that...they're choosing to pay employees when they don't need to.

Oh, and regarding your other question: Employers can require you to work OT all they want, if you say no they can discipline and/or terminate you...all they need to do is stay within the FSLA.

I just checked the contract, it says "salaried non-exempt, eligible for overtime pay based on a standard work week of fifty hours". Does that mean that they only have to pay overtime if I go over 50 hours a week (which is what I think HR person was telling me), but not necessarily if I go over 40? Can you elaborate on why do you think it may violate DOL regulations? Any place where I can find specific references?

Are you an independant contractor?

No, this is a full time position in a consultant-like company. That is this is not in-house job, they have staff, they go out, get contracts, and develop software for those contracts. But employees are full time.

Ok, so you follow their Policies & Procedures right? Ask to look at what they define as a standard workweek. I'd also ask what the standard workweek is based on. Like I said in the post to spidey, the standard workweek according to the Department of Labor is 40 hours per week.

AFAIK- a company cannot make up their own "standard workweek hours" and only pay OT for anything over it. If they did then I could see a ton of companies saying, "standard workweek may be up to 80 hours"...which a person may never work but 50, 60, 70 hours would all be straight-time...doesn't make sense.

 

[Nutdotnet]

Originally posted by: spidey07

Originally posted by: Nutdotnet

Non-exempt means you're ELIGIBLE for overtime pay. Sure, you're salaried but your salary is based on a standard workweek, which in the United States, is typically 40 hours per week.

So, if you make $50,000/yr you divide this by 2080 (40 hours * 52 weeks) and you have your hourly rate ($24.03/hr).

If you work over that 40 hours of straight-time per week you are to be compensated based on your hourly rate + half of your hourly rate.

I hope that helps.

Thanks. :thumbsup: Looks like I need to have a meeting with my consulting company.

Salaried non-exempt. OT is straight time, 1.0xhourly.

No problem yo...just remember, I'm not a lawyer...I've been doing HR work for quite a few years now but before making any firm changes or demands contact a lawyer or your local Department of Labor.

 

[spidey07]

Originally posted by: Nutdotnet
Ok, so you follow their Policies & Procedures right? Ask to look at what they define as a standard workweek. I'd also ask what the standard workweek is based on. Like I said in the post to spidey, the standard workweek according to the Department of Labor is 40 hours per week.

AFAIK- a company cannot make up their own "standard workweek hours" and only pay OT for anything over it. If they did then I could see a ton of companies saying, "standard workweek may be up to 80 hours"...which a person may never work but 50, 60, 70 hours would all be straight-time...doesn't make sense.

I've worked at places where the standard hour and workweek were outlined as you speak.

Start = 8:30 - 5:00
1 hour lunch
Hours per week salaried = 37.5.