Am I exempt from overtime pay?

Question

I was hired for a white-collar job in IL. The compensation paid is salary (not hourly). The type of work I do is mainly at a desk using a computer. For the job I was hired, it is clear to me that I am not eligible for overtime pay.

Now, due to recent changes in my employer's needs, I'm temporarily doing blue-collar work in a factory. I'm glad to help out and don't mind this, but I'm just curious if I should be getting overtime pay for the hours worked over 40.

By law, am I elible for overtime pay while I do the factory work?

My base pay is less thank $100k

I'd like to add that I'm NOT doing the type of work I was hired to do. I'm not doing office work anymore, I'm doing factory work.

I actually make LESS than the average blue collar worker.

Answer 1

Probably no, you aren't. What matters for the decision as to whether or not you are eligible for overtime is what work you actually *do* (Job titles, etc, are utterly irrelevant as to who is, or is not, exempt.) "Brief, temporary" assignments to other duties can be taken without making you eligible, but if it's more than a few days then you are now eligible for overtime.

Incidentally, just because your regular job is "white collar" at a computer doesn't make it exempt. "Most" computer jobs, except programmers, are clerical in nature, and thus non-exempt.

ADD-ON.....

The above answers really illustrate why the DOL estimates that over half the people in the USA who do not get overtime are denied it illegally. "Salaried" does NOT mean "no overtime" - salaried employees are JUST as entitled to overtime as are hourly ones. The ONLY thing that governs whether or not you're entitled to overtime is the nature of the work you do.

Richard

Answer 2

You say your pay is less that $100K a year. It is likely that whatever your pay it is much higher than the regular "blue collar" workers would receive. If you were paid the hourly rate of the regular factory workers including overtime, it would probably result in a cut in pay.

I am no expert on labor laws, but in most states when you are salaried you are not entitled to overtime. However, salaried employees are also not supposed to be limited in their sick days or personal days that may be required.

Answer 3

You might want to check with the state labor board. Some states have recently passed laws to protect exempt employees from not being paid ot for hours worked in excess of the 40 hours an non-exempt employee would work for.

Don't be too obvious though, Having a job that pays well in this day and age may be worth more than putting up with 2 part time jobs at $8.00 an hour.

Answer 4

Overtime under Federal Law is governed by the Fair Labor Standards Act (FLSA). Your state, like California, may have rules which are stricter and go beyond Federal Law.

The question usually asks whether you are exempt or non-exempt (in terms of FLSA).

Exempt employees typically require professional training or education, determine how they handle their daily chores, and they don't get docked hours for doctor/dentist visits.

Non-exempt employees earn overtime and typically do not have professional training, do not determine how to manage their daily chores, get docked for doctor/dentist visits.

Under Federal Law, you earn overtime after 40 hours of work during a week. Under California Law and some other states, you also earn overtime after working 8 hours in one day.

See your HR department to determine how the classified you as exempt or non-exempt.

The answer has nothing to do with whether you are salaried or hourly. If you are salaried, that just means you always work 40 hours per week.

If you are performing factory (assembly line) work, you are probably non-exempt and, therefore, eligible for overtime.

Answer 5

I didn't even read all of this, but if you are payed by a yearly salary, you receive no over time pay at all. The amount in your salary is all you get per year and they can make work however much they want, and you still only get the same amount.

Answer 6

I'm not certain, but it sounds to me that you should not be overtime exempt, unless you are in a management position.

It may depend in part on what state you're in, too. In California, we have stricter laws regarding overtime exemption than the feds do.

Answer 7

From what you say here, no.

Sometimes exempt salaried workers have to pitch in and do the dirty work. But if this situation continues more than "temporarily", I would reassess.

Answer 8

as a contractor your pay is what you and the the person you signed the contract with as to your pay it may be working out that you are getting paid overtime but you are a contractor(according to you) and are not covered under the regulations for employees

Answer 9

Some states are good at enforcing overtime pay for nonexempt positions, some aren't. Best thing to do is to check with your state department of labor to be sure.

Answer 10

You got hired on salary, so that's what you get, 40 hours, more or less. That's your take home.