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Part-Time employee working overtime hours Michigan

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  • Part-Time employee working overtime hours Michigan

    CAn anyone tell me how an employer is not required to pay overtime? I am cosidered part-time since I was hired and have never worked less than 45 hours a week since I started. I work for a Residential facility for teen-age mothers. Not once have I ever been paid overtime and I was told that part-time employees don't get paid overtime because they are part-time employees.

    Please explain.

  • #2
    Part time or full time if you are a non-exempt employee, you should be getting overtime for any hrs. over 40 in a wk. If you are not getting paid correctly, put in a claim with your state's DOL.
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    • #3
      I don't know of any exemption off the top of my head for nonexempt employees, but what do you do there? Have you asked why you aren't paid overtime? What do they say?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Exempt?

        I am a Direct Care Worker at a residential facility for pregnant and teenage mothers. What does exempt mean? How do I know if I am exempt or not?

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        • #5
          There is a federal law called FLSA which controls the payment of overtime. This law defines employees who are "Exempt" (no legal right to paid overtime) and "Non-Exempt" (people who must legally be paid overtime. The problem is that there is not one set of Exempt rules, there are more like several hundred, most of which most people have never heard of before. A general rule of thumb is that we need to know both exactly what tasks you do as part of your job and the nature of the employer's business. What you told us may be enough for that. These two things combined determine whether or not an employee is Exempt. (Betty is correct that part time status has no legal effect on overtime what-so-ever).

          I took a look at federal DOL's list of unusual exceptions and came up with the following. Take a hard look and see if this seems applicable to your employer's line of work. We will still need to know exactly what your duties are, since both the exact employee's duties plus the employer's line of work are used to determine the Exempt status. Your job title sounds Non-Exempt, but classfications are not based on job titles, but rather actual duties.

          http://www.dol.gov/esa/regs/compliance/whd/whdfs33.htm

          The following webpointer has a good discussion about the common Exempt classifications. The problem is that there are a whole lot of uncommon classifications, as well as industry specific exeptions. The 2nd following webpointer tends to discuss those (some of them, anyhow).

          http://www.dol.gov/esa/regs/complian...irpay/main.htm

          http://www.dol.gov/esa/fact-sheets-index.htm
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