Should I be paid overtime? I work as an invoice administrator for a small consulting firm that has a government contract. I am paid every two weeks. My pay is defferent each week based on the number of hours I work. My employer says I am salaried, because they offer me PTO benefits to equal 80 hours for any two week pay period.

My company pays me by the hour, but only for straight time. They say I am salaried because they allow me to use paid time off to supplement my paycheck for an 80 hour week. I very seldom use it as my average work week is between 47 and 52 hours per week. EVry few months, I work on staurday, if my work load requires. If I'm off, I just don't get paid (if I've already worked 80 hours). I asked about overtime compensation and was told that "We're not paid overtime, so you don't get overtime". I am not requried to get approval for time over 40 hours a week. I am, however, required to get approval for over 55 hours a week, as that it required by my company's contract with the government entitiy.

I thought that overtime compensation, shift diefferentials, etc. were built into all hourly wages and comapny multipliers in order to cover those in the company who work overtime. I make over 41,000.00 per year and my wages vary each week. Am I entitiled to overtime? I have probably accumulated about 700 hours in the past 20 months.

If I am eligible, how can I pursue this with my employer? Thanks. .

What does an invoice administrator do? Doesn't sound like it would qualify as an exempt position to me.

"Salaried" is merely a pay method; it has nothing to do, legally, with whether you have PTO benefits or not. If you are nonexempt, you must be paid overtime pay.

I handle all the billing, invoicing, contract payment reveiws and payments for construction projects and work with the contractors and consultants regarding financials. I'm paid by the hour. My paycheck is different each week. I also submit a time sheet for the hours I work each week, but I'm not allowed to submit in the OT columns.

I have no problem saying with about 99.9999% certainty, that you're nonexempt. Therefore you must be paid overtime when you work over 40 hours in a workweek.

Your problem, however, is that Georgia defers to federal law when it comes to enforcement of overtime payment violations, and the federal Dept. of Labor only mandates payment (when investigation proves it due) at minimum wage (times 1.5). You may do better with an attorney and a civil suit; however, I recommend calling the DOL at (866)4USA-DOL and discuss your options with them.

If the employer is instructing you to fraudulently complete your time reports, then that is a violation of federal wage and hour regulations as well. Hopefully, you have separate records of the hours you have worked, although not having does not mean you would not prevail in your complaint. If the employer knows, or has reason to know, or should have known, that you are working overtime, or you just work it, you must be paid accordingly. Generally speaking, when an employee makes such a claim, the DOL requires the employer prove that the employee did NOT work the claimed hours and, although your time sheets may reflect that you did not, the instructions you were given to not record your overtime hours will help you in your quest.

Good luck. Employers like this really make me :mad: , since there are so many employers who bust their tails trying to comply with the laws.

I submit my time sheets to my employer directly (she is on site). I have copies of all signed and approved time sheets with all of my hours listed as approved in the regular time hours. My employer instructed me to complete only the straight time hours. My employer has paid me for the hours at straight time, but has told me she was unable to bill the government entitiy for time and a half, therefore, she would not pay me the overtime. Her contract required that she comply with FLSA.

There is another principal in the comapny that I am considering speaking with, but am concerned that she is of the same mind. Would I have to bring suit in order to receive payment, or could contact from a labor attorney take care of it? Can my employer fire me for seeking overtime payment? Last question. Is their a statute of limitation for taking action?

I really don't want to file against my employer. I would just like to receive wages according to the laws. Thanks. I appreciate your help.

It's very possible a letter from an attorney would do it. If the contract requires that they comply with FLSA then they are in violation of that contract, because they aren't. The fact that they can't bill the client at an overtime rate is irrelevant to what YOU must be paid.

If you report the violation to the appropriate governing authority (in this case, the federal Dept. of Labor) you are generally protected from adverse treatment, including discharge, under federal whistleblower laws. However, if you try to resolve it internally, you are not.

Federal SOL is 2 years, 3 if the violation is found to be willful.

Thank you so very much for your help and information.

I will find a good labor attorney and hopefully, settle this. I'll have to consider reporting, s I really don't want to create a problem, but feel others must be protected. I have offers for other employment, so I feel comfortable if they terminate me. I don't know whether this would be wrongful termination, but don't want to address it. My employer makes approximately, $160,000.00 per year in fees for me, is paid for all of my holiday pay and for 52 weeks of paid time at all of the hours I work :) . They could very easily afford to pay my overtime, but don't. As it is the law, I didn't know they had a choice.

Thank you, again. Are you a labor attorney? If so could you give me any suggestions on choosing a good one? Thanks.