salary exempt? salary non-exempt?

[jmatthew]

I work/live in NC. I am trying to figure out if I am supposed to be paid salary exempt or salary non-exempt. I work approx. 50-65 hours everyweek. If I work less, my pay/vacation time is docked. I make 19,666/ year. Overtime is paid half time (not time and a half, half time). I recieve my checks with a hourly rate but each check averages around $650 (twice a month). I am not in a supervisor's role. I am a computer technician. I am forced to stay at work atleast 1 hour overtime everyday (lately atleast 3 hours). Am I supposed to be non-exempt and recieve overtime pay of time and a half? If so, how do I go about getting back the money thats already been 'stolen' from me?

Also, I saw a thread about verbal bonuses no being paid as legal as there is no written evidence. But what about a bonus policy such as commission on a quota? I had a quota of $1000 and made the company approx $3000 that month. I was supposed to get 10% of everything made over quota. The policy was distributed in writing. I have never been paid this. The reason was "Everyone has to meet quota before anyone gets commissions." even though this was never in writting. Is that legal?

[Pattymd]

It's possible that the bonus agreement may constitute a bona fide contract, but since the laws are state-specific, you would have to have a local attorney review the document to advise you.

Whether you can qualify as an exempt employee depends on the work you do, not your job title. Until we know that, we cannot determine whether you are being paid according to the law.

What exactly are your job duties? Do you supervise anyone?

[jmatthew]

My job duties are to answer incoming support/sales calls and emails. I am also responsible for monitoring servers and verifying there are no systemic issues. There is no one I supervise. I am basically at the bottom of the pole.

[Pattymd]

Sounds like a nonexempt position to me, at least from what you have posted. Plus, I missed the salary you mentioned the first time. At that salary you CANNOT be legally exempt and you do not qualify under the Computer Professionals exemption because you do not make at least $27.633 per hour.

If you are not receiving overtime pay, you can file a claim with the state Dept. of Labor. Even as a "salaried nonexempt" employee, you must be paid overtime if you work over 40 hours in a workweek.

[jmatthew]

So at 19,666/year, I canNOT be salaried exempt; even in a manager position? And if I file a claim will I have to give my name or is it confidential? Is the company forced to pay back wages?

Thanks for all your help by the way.

[Pattymd]

That is correct. You are not making enough to be an exempt employee. You would need to file a claim for unpaid overtime. The state cannot order back wages paid if they don't know who you are.