I need help understanding something....

[StarrCR]

I live and work in Ohio as a salaried employee for a small insurance agency. My question is simply should I be getting overtime pay? With the introduction of new laws and so much legal jargon, I'm confused! I believe I am non-exempt as I only make about $18,200 a year...though I'm not sure whether that makes me non-exempt or not....
My schedule for a normal work week looks similar to this:

8:30am-6:00pm Monday through Friday
10am-2pm on Saturday

However here are the hours I actually put in last week:
Monday - 8:30am-7pm
Tuesday - 8:30am-6pm
Wednesday - 8:30am - 9:00pm
Thursday - 8:30am - 6pm
Friday - 8:30pm - 8:00pm
Saturday - 10:00am - 3:00pm

On Monday through Friday I took a half hour lunch break each day.
No lunch on Saturday.

My job duties include quoting, selling of policies (without commission), and while I am considered an "office manager in training" I am not an office manager as of yet! Just in training to be the office manager.

Should I be getting overtime pay??????????????

[LConnell]

Your rate of pay will automatically exclude you from being exempt. In other words, you are eligible for overtime for hours worked over 40 in a week. More information about exemption can be found at the following website: http://www.dol.gov/esa/whd/

Let me know if you have any other questions.

[StarrCR]

As I mentioned I MUST work at least 50 hours a week, that's the minimum number of hours I am permitted to work here's the exact statement that is written in front of me:

"She will be required to work a minimum 50 hour work schedule as follows:
Monday through Friday 8:30-6:00pm (or after when work is complete)
Saturday 10:00-3:00 (or after, whenever her work is complete)

It must be noted that working only the minimum hours will not demonstrate her readiness for promotion, only her base cooperation with the terms of the probationary period"

It is also mentioned that my pay is frozen until such time a the probationary period is over, I signed this as an agreement, however I believe I am still entitled by law to overtime pay.

The question is how do you approach your employer about this without causing "friction"?

[LConnell]

Wow...that's a great question. I have a friend here who is also an HR expert. Both of us agree that there isn't any easy way to handle this. I'd like to believe that employers would be open to a discussion on this. However, in reality, I know that it probably wouldn't happen.

The only options for you are:
1) To have someone contact the owner anonymously, sending them a copy of the new regulations with the new minimum wage highlighted.
2) Contact the Wage and Hour Division of the US Department of Labor, asking them if they could handle this anonymously.

If you are the only person in that category, or if there are only a couple of you, your employer may very well tie it back to you, or at least suspect that you are behind this. Though, theoretically, you shouldn't be the victim of retaliation, under the law, retaliation can occur in a very subtle way. If you don't want to take the risk, you can either find another job or you have to live with it.

I'm sorry that I couldn't help you further on this. Let me know if you have any other questions.

[Pally]

Could you wait until your probationary period is over before you address it? If they are not agreeable to it at that time, you can remind them of the law and that you have the right to submit a claim. I think you have a year - maybe the senior chat people can clarify that. At least it would get you through the probationary period without it seeming like you are not a team player. Good luck.

[StarrCR]

I suppose that I could wait until the probationary period is over. I'm wondering if there is something else that I could be missing that is excluding them from paying me overtime....this is a small business, and I wonder if there is something that makes them exempt for some reason, of paying overtime.

I am in charge of making an "Operations Manual", and recently I added a section entitled "Federal and State Answers to Common Employee Questions" hoping that when I updated my project list with this addition on it, they would see at and magically say "Oh my, I guess that I should have been paying you overtime!" but that doesn't seem to be happening.

At the end of the probationary period, when I have my yearly review, maybe it will be easier to bring out into the open then. That's when they decide whether or not I'll be permantly employed here. I have been thinking of acquiring another job though, will have to see what happens in December when I get my review!

Thanks for the suggestion....it certainly made me think....

Chrissie

[LConnell]

I would assume that your employer can still terminate you after you have completed the probationary period. If that is true, I don't know if it will make a lot of difference when you talk with them. The issue is if you are going to talk with them.