I just found out that my classification was changed 2 years ago from Exempt to Non-Exempt. I am submitting a letter requesting my employer pay me for the Overtime I've worked over the last 2 years while I thought I was Exempt.

Is there a minimum amount of time over 8 hours that must be worked before Overtime applies? Example = some days I have 8 hours and 10 minutes, some days I have 8 hours 15 minutes, some days I have 8 hours 20 minutes, etc. Are they required to pay everything over 10 minutes or everything over 15 minutes? Is there a minimum required before they must pay?

Your input is greatly appreciated.

Thank you,

Maia Fraser :confused:

The employer can round to as much as the nearest 15 minutes, as long as the rounding is applied consistently and it is not to either the employee's or the employer's advantage to the exclusion of the other.

Were you on a time clock or time sheets? If time sheets, was your time already rounded?

And, BTW, if your employer refuses, you can always file a claim for unpaid overtime with the state Division of Labor Standards Enforcement.

PattyMD,

Your question "Were you on a time clock or time sheets? If time sheets, was your time already rounded?" - I was on time sheets. I complete my time sheets for submittal and I round to the nearest 5 minutes not because I was instructed to but because it seemed the most logical.

That is why I am wondering if they have to pay for 5 minutes OT, 10 minutes OT, or only anything over 15 minutes OT? What is the rule that applies? You said "The employer can round to as much as the nearest 15 minutes, as long as the rounding is applied consistently". The reason I ask is because I am trying to determine if I can submit the timesheets that have only 10 minutes OT in a week. The two years of 10, 20, 30 minutes etc. add up to 33 hours of OT. I want to avoid their coming back to me and telling me that 10 minutes in a week is not sufficient to consider.

Note: I have read the company's employee handbook and there is no clarification on OT regarding minimum amounts of time. So I am wondering if the Labor Law's speak to that end.

Thank you again,

Maia

Here is the federal regulation regarding rounding. Although it specifically mentions time clocks, paragraph (b) addresses rounding practices in general:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.48.htm

Having the minimal times "add up" to a substantial number of hours over several years will probably not do you much good. However, there is also a regulation addressing "insignificant amounts of time" which states that, generally speaking, 10 minutes, for example, is not insignificant.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.47.htm
But in that case, for rounding to be applied consistently, that would have to round to 15 minutes anyway.

So, there are a couple of ways they can go here. I suggest you first contact your state Dept. of Labor and discuss this with them. If they cannot provide you with clearer info, contact the federal Dept. of Labor, as the two links above refer to the federal Fair Labor Standards Act.