I work 45hrs a week at a daycare. Should I be paid overtime?

Question

My boss tells us that we are certified teachers because of our Early Childhood Degree. So therefor she is not required to pay overtime.

Answer 1

The fact that you have a college degree doesn't make you exempt under the FLSA. It is about the type of work you do and the job you hold.

Positions are classified as either “exempt” or “nonexempt” based on whether the position qualifies under the Fair Labor Standards Act (FLSA) rules for such exemptions. Positions classified as nonexempt are generally considered administrative/clerical, service, technical, and maintenance positions such as receptionists, department coordinators, child care workers, bus drivers, police officers, help desk technicians, and laboratory assistants.

Day care worker is a nonexempt job in my assessment and you should probably be receiving overtime for those 5 hours.

I recommend you contact the Dept of Labor and share your concern with them. They will investigate the situation for you.

Answer 2

The question is are you hourly or salaried? Hourly yes and Heck yeeeees you should be paid overtime. Salaried that is a stickier thing cause being that you said that you have Teacher's Degree then you should have a contract covering the whole aspect. And if none of these apply look towards your local government and employment resource office and ask them questions. They should be more than happy to answer anything that you would like to know including how to send a complaint if you need the matter investigated. However if you are an hourly employee you should get overtime but also take in consideration what state you reside and the laws that apply to that state. I live in Georgia and I am an hourly associate and yes I get all my overtime at time plus time and a half. I hope I helped a tiny bit. I think what would help more is to give the state that you reside in and we can do research on the laws for you to see the stipulations of that state.

Answer 3

Check with your labour board. In most cases after 40 hours time and a half. You may get hassled and your life made miserable. might be an idea to start looking around. I worked for 25 years complained to the union and had a mild heart attack forced into early retirement..Jerks know how to bend things there way.

Answer 4

Overtime pay does not have to do with whether you have a degree, it has to do with your employment classification (usually exempt or non-exempt). In most cases, it has to do with whether or not you are salary or hourly (salary employees rarely get overtime), and even then, there are other factors involved. Without more information, it's hard to know for sure.