Home Forums Career Employers and Employees Client does not want to pay overtime. How to deal with it ? RE: Client does not want to pay overtime. How to deal with it ?

  • mmartin1 (7/21/2013)This issue may have more than meets the eye. Depending on the exact work that you do and the money you make, the company may be able to say you are an exempt employee. What your own company does may (or may not) have bearing, unless there is something explicit in the contract. See the CFR (code of federal regulation) section 541. It discusses the legal basis for exempting individuals from overtime, and are generally sctrict. You can search "CFR 541 DOL" where dol is the department of labor.

    Your job likely falls under the "computer professional" and they can be exempt employee under the code (again depending on the majority or priority of your tasks and your salary).

    If you feel you are entitled to overtime, always keep track of your hours on your own and contact the local labor board where you reside or where you did the work. One of those will have jurisdiction to review the matter.

    The OP doesn't meet the very first requirement to be considered an exempt employee - he stated that he's "hourly-paid". As explained in 29 CFR Part 541, Subpart G, to be considered exempt from the minimum wage and overtime requirements, an employee must be compensated on a "salary basis", i.e., the employee receives a fixed amount per pay period that is not subject to reduction based on the quantity or quality of work. Plus, the salary must be at least $455 per week.

    As for those of us "computer employees" paid a salary, well, we're just stuck working the long hours!

    Ahh, Good note there. I guess that solves that mystery. I for one am not a fan of reading legal text that goes on and on.

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