Im a Field tech and work on machinery for a living, Im a salary employee. I work long hours weekends and holidays however get no OT pay. I dont think I fall under the exempt conditions??? I dont hold a 4 yr degree, hire or fire ect. is my company doing something wrong??:confused:
Im thinking I fall under the non exempt:confused:

I would be surprised if your company could legitimately make you exempt from overtime.

Ask why.

Do it nicely, like "Why don't I get overtime, since I don't think I qualify to be exempt from it under the Fair Labor Standards Act?"

When they give you a BS answer, go to the Department of Labor and file a wage complaint (oh, stop by here first and let everyone know what kind of response you got).

I agree with Scott. The following website is for the major federal Exempt classification rules. Nothing you said sounds much like Exempt.

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

Kinda what I was thinking, they changed several years back before I was hired from hourly to salary due to guys making lots of cash and all of the old timers quit when the salary was put into place. I was told my salary is based on overtime when I gripe about working weekends and holidays.:confused:

Kinda what I was thinking, they changed several years back before I was hired from hourly to salary due to guys making lots of cash and all of the old timers quit when the salary was put into place. I was told my salary is based on overtime when I gripe about working weekends and holidays.:confused:

Using the fluctuating work week method, the company could pay you a salary plus overtime. The downside for you is that the more hours you put in, the lower your base rate of pay.

You can find more information about the Fluctating Workweek method below (assuming that is what is happening).

http://payroll-taxes.com/articles/fluctuatingWorkweeks.html

You can find more information about the Fluctating Workweek method below (assuming that is what is happening).

http://payroll-taxes.com/articles/fluctuatingWorkweeks.html

My guess (and it is only that) is that the company wants to pay only a fixed salary regardless of how many hours are worked.

That would be not legal, of course, and I am merely suggesting that there is a way to pay salaried non-exempts that is less painful to the employer than time and a half for all hours over 40 in a work week.

Belo Plan would be the other alternative, but as Scott says, the operative word here is "guess". The OP posting does not sound like Exempt, and while there are several methods of Non-Exempt Salaried, each of these methods has rules that needs to be followed. I am in agreement that the employee needs to politely ask the employer what they are doing. I find it useful however, if the employee actually knows something about the rules of the various possible situation.

I find it useful however, if the employee actually knows something about the rules of the various possible situation.

Agreed.

Belo is limited to collective bargaining or individual contractual agreements and has some other restrictions, too.

Scott, I think youre right its a less painfull way to pay, no matter how many hours I work I get the same check, however we are often told to take our familey out to eat on the companys CC and a day here and there off to accomidate for excessive OT. But I really dont think thats right. And Thanks for the replies

we are often told to take our familey out to eat on the companys CC and a day here and there off to accomidate for excessive OT. But I really dont think thats right. And Thanks for the replies

That's very nice. It doesn't replace the legal requirement for the company to pay overtime when due, however. And honestly, that restaurant bill is taxable wages. :p

This has gotten interesting, another tech quit...ok and has pursued the OT. But has to be done by Fed instead of state. We are now being told to not communicate with him. And they are now considering changing our title but not responsibilities.. I’m a blue collar worker..And they want to call me a customer manager; I won’t be managing anyone at all. But this is still on going. But I did find out the Fed lady will make sure this is resolved and corrected for all of our tech's in the future but each person will have to file a separate claim to get reimbursed for past OT. I have a feeling the company will try to sweep it under the rug for the rest of us and pay him out. If we try to follow thru we'll be let go for something.........:eek:
We're talking like 30K per person.......

Are you telling me that the NC DOL wouldn't take the claim? :confused: http://www.nclabor.com/wh/fact%20sheets/wagecomplaint.htm

each person will have to file a separate claim to get reimbursed for past OT.

That's too bad and not right. The DOL should simply go in and conduct an audit, identify the back wages owed (and in this case, they should go back three years), tag the company for the back wages owed for everyone and slap the company with the appropriate fines.

Alternatively, you can skip the DOL (state or federal) and file in court. I don't know what NC's laws are for this, but in Federal court you can get backpay plus an equal amount as liquidated damages plus reasonable attorney fees (like there is such a creature as a reasonable attorney :p ) and court costs.

The upside of the latter course of action is that you would get significantly more money.

You know I never stated it in an earlier post but I am and always have been happy with what I do and what the company has done for me, and do not plan to do anything but do my job but have been currious out the exempt issue.:cool:

This has gotten interesting, another tech quit...ok and has pursued the OT. But has to be done by Fed instead of state. We are now being told to not communicate with him. And they are now considering changing our title but not responsibilities.. I’m a blue collar worker..And they want to call me a customer manager; I won’t be managing anyone at all. But this is still on going. But I did find out the Fed lady will make sure this is resolved and corrected for all of our tech's in the future but each person will have to file a separate claim to get reimbursed for past OT. I have a feeling the company will try to sweep it under the rug for the rest of us and pay him out. If we try to follow thru we'll be let go for something.........:eek:
We're talking like 30K per person.......
Absolutely communicate with the other tech,the employer can not fire you for that. His attorney may be putting together a class action suit. If he is not encourage him to. Liquidated damages (or double damages),plus attorneys fees that is the remedy in Federal court. Thats 60K per person.,and thats a good thing.

JoeC

I am classified as an field service engineer. My responsibilities are similiar to Techguy's. The difference is I have full authority to hire and fire contractors in the field. I do integration work that requires onsite design and engineering. My job also requires me to make decisions using knowlege of Osha, Ansi, NEC, and UL standards to maintain compliancy. I am required by job description to manage my customers as well asthe ocassional project. I am also a certified trainer. Would it be safe to say that I am OT exempt?

Are you a P.E ? Firing contractors,and firing employees is not the same thing.
I am not sure if you qualify or not.
JoeC

I am classified as an field service engineer. My responsibilities are similiar to Techguy's. The difference is I have full authority to hire and fire contractors in the field. I do integration work that requires onsite design and engineering. My job also requires me to make decisions using knowlege of Osha, Ansi, NEC, and UL standards to maintain compliancy. I am required by job description to manage my customers as well asthe ocassional project. I am also a certified trainer. Would it be safe to say that I am OT exempt?


In the future, please start your own thread so we don't have to read through 10 responses from the old question. OK?

I agree, sounds exempt to me.

Why would it be different hiring contract employees rather than regular employees. The only thing that we do not discuss is benefits. All other negotiations are the same. Can you point me to some material that defines the difference? Due to circumstances at the work place I would like to learn as much as possible about the OT exemtion laws. I am starting at ground zero. Please forgive my ignorance.

You can study it here: http://www.access.gpo.gov/uscode/title29/chapter8_.html
JoeC

Wow that was fast....

Thanks for the help..I'll be in touch.

Oh I think studying the FLSA would keep even an engineer busy for a long time.
JoeC

Agree, from the info. provided you sound exempt to me also.

I didnt notice at first but after reading the computer exempt criteria, I meet all of it. However, my job title is still field service engineer. From what I have read Title carries no weight except on computer exempt........


Just to clarify things I am trying to qualify for OT exemption. I know that may raise some eyebrows but in this situation it would be prefered. The alternative so far is to take an hourly wage that computes to 20k less than my base salary with the option to work all the overtime I want to balance the difference........Yeah that is what I thought too. So I am trying to find some answers. I have talked with some co-horts in the field and they say that if I meet all the req's and the company is concerned about me challenging my duties and sueing all they need do is compile a document listing my duties and have me sign it. Any truth?

Well if think you have suite,only an attorney familiar with the field could determine that.
JoeC

I didnt notice at first but after reading the computer exempt criteria, I meet all of it. However, my job title is still field service engineer. From what I have read Title carries no weight except on computer exempt........


Just to clarify things I am trying to qualify for OT exemption. I know that may raise some eyebrows but in this situation it would be prefered. The alternative so far is to take an hourly wage that computes to 20k less than my base salary with the option to work all the overtime I want to balance the difference........Yeah that is what I thought too. So I am trying to find some answers. I have talked with some co-horts in the field and they say that if I meet all the req's and the company is concerned about me challenging my duties and sueing all they need do is compile a document listing my duties and have me sign it. Any truth?

Your employer never has to treat you as exempt. The default is non-exempt and any employee may be paid as such. There is no truth to your cohorts' solution. You can not sign away your rights under FLSA. Signing a job description means about as much as signing a napkin.

How does it work if I meet all the criteria in a specific exemption field and prefer to be exempt but my employer decides they would rather make the transisition to hourly because it requires minimal effort.

As Elle said above, an employer NEVER has to make anyone exempt

what makes an employee exempt? up until yesterday i was part of management of a motorcycle dealership. i was paid salary. on weeks where i worked more than 40 hours (there was actually one week i worked 90 hours) i was not paid any overtime, but, if i worked less than 36 hours i was deducted pay. is that legal? when i approached high up management about it awhile back i was told that the main company was in va and that they didn't have to abide by nc laws and if anyone made a complaint they would be fired.

what makes an employee exempt? up until yesterday i was part of management of a motorcycle dealership. i was paid salary. on weeks where i worked more than 40 hours (there was actually one week i worked 90 hours) i was not paid any overtime, but, if i worked less than 36 hours i was deducted pay. is that legal? when i approached high up management about it awhile back i was told that the main company was in va and that they didn't have to abide by nc laws and if anyone made a complaint they would be fired.


Please start your own thread instead of hijacking one that is several months old. Plus, your circumstances are somewhat different.