Jim T
01-16-2008, 04:27 PM
I'm a pressman in Vegas and on salary. I'm not management nor do I fit any of the criteria for being exempt from overtime (that I can see). Does my employer owe me for the many hours of O.T. I've worked and what exactly is the criteria for being on salary?
"Pressman" as in a blue collar employee who prints newspapers? It would be useful to know more about what your duties are and the general nature of your employer's business? While you are probably not Exempt, lets be certain.
Past that, and assuming that you are indeed Non-Exempt, then Salaried is just a payment method. Almost anyone can be paid on a Salaried basis. However, there are actually three different legal payment methods involving salaries paid to Non-Exempt, that have some fairly different rules associated with them. I am going to include a pointer to an article on Non-Exempt Salaried handling that I want you to read. See if anything in the article rings any bells.
http://payroll-taxes.com/articles/salaryAlternatives.html
Jim T
01-16-2008, 06:19 PM
Yes, I run a printing press. That is my only job description. The co. is a printing co.
Jim T
01-16-2008, 06:27 PM
I'm sorry. I suppose I should have asked am I exempt from being paid overtime? I regularly work 45 to 50 hours a week and have worked up to 70 hours a week. Thank you in advance.
I'm sorry. I suppose I should have asked am I exempt from being paid overtime? I regularly work 45 to 50 hours a week and have worked up to 70 hours a week. Thank you in advance.
There are any number of strange overtime exceptions, but running a printing press (by itself) as far as I know does not fall under any of them. Hopefully someone will jump in if they know something that I do not.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17i_blue_collar.pdf
There is one possible exception I can think of. The federal FLSA law (which is were most of the rules come from), could in theory not apply to you. This is not very likely given the "interstate commerce" provision, but anything is possible.
http://www.dol.gov/esa/regs/compliance/whd/whdfs14.htm
I have already given you a pointer to the alternative Non-Exempt Salaried methods, although based on what you have said, if your employer is claiming one of those methods, they do not seem to be correctly following the rules.
NV is not my state, so I have no idea on what rules (if any) NV brings to the table. On federal rules only (assuming that FLSA is applicable), you have to be paid minimum wage and you have to be paid overtime. Your remedies would be either file a wage claim with NV DOL (or whatever they call their state labor department) or to file a court action.
Jim T
01-16-2008, 10:10 PM
Thank you. You've been a big help with your links. Looks like my next step is to the DOL.