I work for a nonprofit in Georgia and have been working 50-60 hours a week. I am paid hourly and recieve no benefits and no paid time off. While I am paid my straight hourly rate, I am not paid time and a half for my overtime hours. My question is do they have to pay me time and a half?? I called the GA Dept. of labor and they say that they do but the nonprofit that I work for is saying that I did not give all of the information they needed to know. My boss said something about not exceeding $500,000 a year and something about not exchanging profits across state lines (interstate commerce or something like that) and according to her both of these things exempt them from having to pay me time and a half, although again they are paying me my straight hourly rate for every hour that I work.
I am very young (22 years old), finishing up my college degree, and obviously do not just want to take their word for it, but I am very confused and I admit somewhat naïve about things like this. I do not want them to pay more than I am worth, but if it is a law then they should pay me time and a half-right?
Pattymd
07-05-2006, 10:36 AM
It's possible that they may not meet the criteria for being subject to the FLSA, in which case, overtime premium is not required.
http://www.dol.gov/compliance/guide/minwage.htm#who
Marketeer
07-05-2006, 10:38 AM
The law that governs this is the Fair Labor Standards Act (http://www.dol.gov/esa/whd/flsa/). There is an exemption for businesses with less than $500,000 in gross revenues.
employeefornonprofit
07-05-2006, 10:39 AM
Thank you so much for you quick response!! I will read the look at the link you gave me!
cbg
07-05-2006, 10:40 AM
It's not whether they are a non-profit or not; it's whether they meet the definition of "engaging in interstate commerce".
Regardless of whether they are for-profit or not-for-profit, an employer who exceeds $500,000 annually AND who engages in any form of interstate commerce must pay overtime at time and a half under the Fair Labor Standards Act. Employers who do not exceed $500,000 annually AND who do not engage in any form of interstate commerce do not.
To qualify as not engaging in interstate commerce, that means that 100% of their clients, vendors and suppliers must all be in-state. They can't so much as buy a pencil or make a phone call out of state without risking being classified as engaging in interstate commerce.
But if your employer can legitimately show the DOL that he meets both criteria, then he is not obligated to pay overtime at time and a half, regardless of what his for-profit status is.
employeefornonprofit
07-05-2006, 10:52 AM
I will be e-mailing this site to all of my friends and family! It has been the most helpful website I have ever come across in any area! Thank you so much for answering so quickly and thoroughly! I am very impressed!
Pattymd
07-05-2006, 10:56 AM
Having said this, however, if you receive any funds from the federal government, or most states, such grants often require the organization to comply with the FLSA even if, otherwise, they may not.
cbg
07-05-2006, 10:57 AM
Good point, Patty - thanks.
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