No overtime pay in Utah

[tdiddy]

So I'm working at this job today and didn't realize that I could get overtime pay. Overtime I've now calculated at around 5-25 hours every two weeks. Being as I've worked here for 6 months now, I have some back pay coming to me. But what would the first step be in trying to recouperate these funds? Should I contact my manager and see if he obliges or should I file a greivance with the state and take it from there?

Now I have also seen that there is a exempt and non exempt employees. How do I now which one I am? And what would I be exempt from? The FLSA?

[cbg]

If you are exempt, you are exempt from overtime pay. An exempt employee NEVER has to be paid overtime, no matter what.

It is your job duties that determine whether you are exempt or non-exempt.

[tdiddy]

But from what I've seen I pretty much have to be a salaried employee to be exempt. A receptionist (answering phones, general help to customers, etc) being paid 10/hr wouldn't be considered exempt would it. Is there a bona fide list of what typs of jobs or duties that would be considered exempt?

[cbg]

If you are looking for a list that says, receptionists are non-exempt, accountants are exempt, no, there is not. However, you can go to the DOL web site www.dol.gov and look under Overtime and then under Exemptions for the requirements to be exempt. The only possible one for a receptionist would be the Administrative exemption, and I agree it is quite unlikely that you would qualify. If you are being paid hourly, it's about a guarantee that you are non-exempt.

[tdiddy]

So what should my first step be? File a greivance or just talk to my manager? I f I were to bring it up to him and decided to fire me for "performance issues" as I know it's illegal to punish me for bringing up the issue of overtime. But I still want to be working there after I bring up the overtime problem.

Thanks again for your help.

[cbg]

Talk to your manager first. If you go to an outside agency, they're going to want to know what you did to mitigate the problem first.

[tdiddy]

Alright, will do. Thanks again.