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Overtime for Salaried Employees? Pennsylvania

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  • Overtime for Salaried Employees? Pennsylvania

    As a salaried employee, I know it's perfectly within my employer's legal rights to require me to work more than 40 hours, and I'm ok with that (it stinks, but I'm ok with it!). What I don't know is if I'm supposed to be compensated for those hours or not. Every week I put in 50 to 55 hours, when I wasn only told about normal business hours when I was hired (8:30 to 5:30 inc lunch). I know there are exceptions and various rules to go with them, but I don't know what they are.

    What are the legal rights of a salaried employee being forced to work overtime (and weekend) with no extra compensation?
    Thanks!

  • #2
    Salary is a payment method. Whether you should be paid overtime or not depends on whether your position is exempt or non-exempt from the overtime provisions of the Fair Labor Standards Act. For more information on FLSA, visit the U.S. Department of Labor website. http://www.dol.gov/esa/whd/flsa/
    I am not able to respond to private messages. Thanks!

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    • #3
      It depends upon whether or not you can be classified "exempt" or not. If you are exempt, you don't get overtime, no matter how many hours you work.

      Under federal law, there are some "tests" you need to meet to be classified as exempt.

      The first is that you be paid a salary of at least $455 a week (some exceptions, such as for outside sales folks, doctors, lawyers).

      Beyond that, the tests vary according to what you do.

      For example, if you are a manager or a supervisor

      The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;

      The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and

      The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.


      The good news is that your pay cannot be less than $455 a week, with some very limited exceptions, even if you don't work 40 hours.

      Being salaried does not automatically mean you cannot get overtime, but we would need more information about what you do.

      Employers do not HAVE to make you exempt. Anyone can be non-exempt and get overtime, if worked. The reverse is not true.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        Thanks for the help guys. My job title is "Business Analyst" but I mostly deal with computer software testing. My pay is over that limit. So assuming that computer jobs are exempt from overtime (Why is this the case?? sounds like goverment-sponsored discrimination), there might still be a chance that my employer didn't file to make me exempt? Or am I misunderstanding something?

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        • #5
          Not ALL computer jobs can be exempt. What exactly do you do in a regular business day? Your title doesn't tell me anything.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd View Post
            Your title doesn't tell me anything.
            You're telling me!

            A typical business day has me using an application to run automated scripts that test various business systems and applications. The position doesn't really utilize any of my technical abilities, it's mostly just "open application and click go and wait for the response". The position is technically supposed to be an entry into project management, including software requirements analysis, system documentation, etc. but actual work duties include none of those functions.

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            • #7
              http://www.dol.gov/esa/regs/complian...e_computer.htm

              To qualify for the computer employee exemption, the following tests must be met:

              The employee must be compensated either on a salary or fee basis at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;

              The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;

              The employee’s primary duty must consist of:
              1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

              2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

              3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

              4) A combination of the aforementioned duties, the performance of which requires the same level of skills.

              The computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (e.g., engineers, drafters and others skilled in computer-aided design software), but who are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations identified in the primary duties test described above, are also not exempt under the computer employee exemption.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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              • #8
                I suspect that the OP is classified as "exempt" by the employer. And my gut tells me that may be the correct classification. Assuming this is true, there are no circumstances where you'd be entitled to additional pay for overtime worked. Sorry!

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                • #9
                  Originally posted by robb71 View Post
                  I suspect that the OP is classified as "exempt" by the employer. And my gut tells me that may be the correct classification. Assuming this is true, there are no circumstances where you'd be entitled to additional pay for overtime worked. Sorry!
                  Funny, my gut tells me the opposite. It appears that the position itself may very well qualify as exempt, but the OP doesn't appear to be doing the job that the job description describes (man, that was poor grammar ).

                  OP, considering now you have differing opinions from two experienced payroll/compensation folks , I would suggest calling the federal Dept. of Labor and getting the opinion of an investigator. Be patient, though, I've found it takes them several days to return phone calls. (866)4-USWAGE.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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