Hello, I am a salaried employee. My companies main office is in Delaware but I work in an office in New Jersey. I am on salary, but they refuse to pay me overtime because they claim that Delaware does not require them to. All of my work is in NJ, no one in my office ever goes to Delaware. Should they be giving me my overtime??
Thanks

Salary is meaningless. It only matters whether you are exempt or nonexempt. What to do you do for a living? That may help determine whether or not OT is owed.

And it's not state specific. In NO state is an exempt employee entitled to overtime, whereas in ALL states a non-exempt employee is.

well, I am classified by my company as an exempt salaried employee. I work in the cable tv business as a field supervisor. I spend about 50%-70% of my time doing the same work as our hourly employees, climbing ladders, installing cable, going through crawl spaces...

What do you spendthe other 50% of your time doing?

I forgot to mention that even though I am salaried, my pay check states a 40 hour work week. The one time I took a day off, my pay check read 32 hours regular pay, 8 hours choice time. I worked about 47 hours that week in 4 days where I normally work 5 days. Also, my company does not have any record keeping of my time, we have no punch clock and I do not fill out a time card. I keep track of my hours for myself, but the company does not.

The other 50% of my time is spent researching and then correcting problems that occur with the installs done by the regular non-exempt employees.

If you are classified as exempt, that would be entirely legal. Even if misclassified, your employer is not obligated to offset the day off with extra hours you worked the rest of the week.

It is possible that as a manager you are correctly classified.

I am not a manager though, my title is Field Supervisor. I can understand the manager not getting overtime, but not a supervisor.
I had read that if 20% of your work is non-exempt work then you are entitled to overtime.
http://www.state.nj.us/labor/lsse/wagehour.html#5671
I see on this site that these are the 3 classifications to be Exempt, I do not fit into any of them since over 50% of my work is the same as non-exempt employees.

I am going to give you a "careful" answer.
- NJ is not my state. I have no idea what NJ specific rules (if any are).
- I do know the federal (FLSA) rules. In 2004 the federal rules changed big time. The federal DOL in their wisdom called this changes "FairPay". (Whatever). The rules you quoted from the NJ website read very much like the old pre-2004 federal rules.

Like I said I have no idea what OT rules (if any) NJ has. I have no idea if the website you quoted are actually the 2007 rules specific to NJ, or just some old website created prior to the 2004 federal changes.

I am giving you a pointer to of the current (2004-2007) federal rules. These rules are active in all 50 states unless NJ has a very specific law that is in addition to the federal rules. CA for example (my state) has such laws. A website, even on a State of New Jersey website, does not by itself have the legal force of law.

Read through the federal website several time until you are comfortable that you understand the differences. Then give NJ a call and find out whether they follow the federal rules as is or if there is a separate and specific NJ overtime law that is in addition to the federal rules. If you can find a hard reference to such a law, please let us know.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm