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OT hours non-exempt?? Pennsylvania

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  • OT hours non-exempt?? Pennsylvania

    I am currently employed as customer service/tech support. Among my other duties are sourcing of supplies and liquidation of over stock. I am paid a weekly salary and when hired did not have to punch a time clock. I was told my hours were 9am to 6pm. 1/2 hour for lunch. As of today I was informed I now have to punch a time clock, which I don't have a problem with. I normally work a 42 to 45 hour work week and never got paid any OT because I never had a time card, and any OT hours I worked I just used if I needed to come in late-leave early or to take a 1/2 day off when needed. All of this was ok with HR. I have kept track of all this on my own time sheet. My question is that now that I punch a clock, and the office is tracking my hours, will any OT I work now be added to my weekly paycheck? Am I exempt or non-exempt?

  • #2
    Whether you are exempt or non-exempt is not defined by whether you have to clock in or whether you are salaried or not. Contrary to popular belief, exempt can be required to clock in. Salary is just a payment method.

    Whether you are exempt or not is defined by your job duties. More information can be found here:
    I am not able to respond to private messages. Thanks!


    • #3
      And, if you were nonexempt when you the employer was not keeping records of your hours worked (at least how many hours per day), they were in violation of the recordkeeping requirements under FLSA.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.