I am a programmer in an Internet company in Tuscaloosa, Alabama. Somebody had mentioned that for the overtime we are being paid, we should be getting by law time and a half for overtime. Is this true? Thanks!

Are you paid hourly? Are you exempt or nonexempt? Depending upon your duties, it is possible that you may be exempt AND paid hourly (an exception to FLSA regs). If you are paid hourly, what is your hourly rate?

I get $16/hr. Truthfully, I don't know if I am exempt or not.

Reason I asked was, that you theoretically COULD qualify as exempt under the Computer Professional Exemption if your hourly rate was high enough, but it isn't. My inclination would be then that you are a nonexempt employee and you should be getting time-and-a-half for all hours worked over 40.

There is an exception, though, if your hours fluctuate greatly, your employer may be using something called a Belo plan to calculate your overtime rate. However, you must have agreed to this rate in writing and it can only be used if your hours fluctuate substantially from week to week.

What does your employer say when you ask them about this?