Overtime for a State Of Ohio Employee

[LGerhardstein]

Six months or more back, even before the new Federal overtime rules many Ohio Attorney General Employees received notices that they had been misclassified and were no eligible to receive time and a half for over time. Now, according to the new rules, if I read them correctly, state that an employee has to meet all three tests to be considered overtime exempt. I can see how they can argue the point that our job duties meet the test and we can not argue about the amount of salary test. Our question is on the salary vs hourly rate of pay test. On our pay check stubs, it clearly states that our rate of pay is $$ hourly. Doesn't this mean then that we should not be considered overtime exempt?

[Sue]

Originally Posted by LGerhardstein

Six months or more back, even before the new Federal overtime rules many Ohio Attorney General Employees received notices that they had been misclassified and were no eligible to receive time and a half for over time. Now, according to the new rules, if I read them correctly, state that an employee has to meet all three tests to be considered overtime exempt. I can see how they can argue the point that our job duties meet the test and we can not argue about the amount of salary test. Our question is on the salary vs hourly rate of pay test. On our pay check stubs, it clearly states that our rate of pay is $$ hourly. Doesn't this mean then that we should not be considered overtime exempt?

What matters is how you are classifed. If you do qualify for exempt salary then you will get the same amount each check. Is that the case right now?

[LConnell]

The fact that it lists your hourly rate on the paycheck certainly does not help them in arguing that you are not hourly non-exempt (and, therefore, eligible for overtime). However, sometimes it is necessary for an employer to calculate a salaried exempt person's hourly rate. Examples of when this is legally acceptable is when a person takes incremental leave under FMLA.

Please let us know what happens on your situation. It is very interesting because it is the Attorney General's office who has made this move. You would think that they would have researched this very thoroughly.

Good luck.

[Tedesco]

I receive the same pay (+/- a few cents) on every paycheck, but I am still required to fill out a time sheet with my hours. I've been told that if I put down less than 40 hours, my paycheck will reflect it. However, I will not be paid anything above 40 hours if I work more than 40 hours. I'm told I have to take comp time instead.

When I bring this up to the accountants, they cover their ears and say they are not allowed to hear it. Plausible deniablity I suppose. My bosses say that it's just how it is. No overtime money, just comp time.

My question is this: If I am not an exempt employee, shouldn't I have some say in how I am compensated for my overtime?

[Beth3]

Are you a public sector employee? Comp time in lieu of overtime pay is perfectly legal for non-exempt federal empoyees. If you work for a State or municipal government, then it depends on your State's reg's. Comp time in lieu of OT pay is prohibited in the private sector however.

If the accountants are covering their ears when you bring up the subject, that certainly doesn't seem to bode well regarding your employer's compliance with wage and hour laws.

[Tedesco]

I'm not a federal employee. I work for a radio company.

The thing that always puzzled me was for my first year and a half I didn't sign a time sheet. One day I was told to sign one, and I have ever since. I've calculated that in my four+ years working here I've accumulated over 400 hours of overtime, though my time sheets will never reflect it. I am told to re-do my timesheet if I hand in a timesheet with overtime.

[Tedesco]

Do I have accept comp time in lieu of over-time pay? Is my company breaking the law by not paying me over-time?

[cbg]

Tedesco, are you an exempt or a non-exempt employee?

[Tedesco]

I believe I am non-exempt. I am looking at my pay check right now, and nowhere does it say that I am exempt.

[cbg]

It won't necessarily say exempt or non-exempt on your paycheck; in fact, it's quite unlikely that it would.

Can you give us a general idea of what your job duties consist of?

This is important. If you are non-exempt they are breaking the law by not giving you overtime and giving you comp time instead. If you are exempt, they not only are not breaking the law but in fact are being rather generous, in that for exempt employees comp time is permitted but not required.

So it's important that we establish what classification you should belong to.

[Tedesco]

My general duties were that I recorded and edited audio for research purposes. I had three seperate bosses to answer to and I had no one answer to me. I was basically the low man on the totem pole.

On Thursday, last week, I had a conversation with the head of the accounting dept. about this situation. I was let go from the company on Monday. I can't say for sure it this played a role, but their reasons for letting me go were suspect.

I don't know how many people they refused overtime to, but I do know that they refused it to one other employee.

[LConnell]

You may be exempt from overtime. Look at the material found at the following link for information about media personnel http://www.dol.gov/esa/regs/complian...ournalists.htm and about exemptions in general: http://www.dol.gov/elaws/esa/flsa/screen75.asp If you are exempt, your employer does not need to pay you overtime or comp time.

As far as retliation is concerned, you will need to be able to show that there is some sort of link between your termination and your concern about missing overtime.