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Massachusetts OT law

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  • Massachusetts OT law

    Hi There,

    Just wondering. I am a subcontractor for a technical company. My job title is a Systems Adminitrator.

    I get paid houlry at the rate of 35$ an hour.

    After a few weeks on the job we were required to work more then 40 hours but only getting paid straight time and not time and 1/2. I called the company asking them why they did pay time 1/2 and they said once you make x number an hour they dont have to pay time 1/2.

    I think they are wrong and did some research and all I can come up with is that there is NO cap on what you make per hour. If you get paid by the hour you get time 1/2 after 40 hours in one week.

    Now that the year is over I have worked 282 hours of overtime last year.

    Am I entitled to $17.50 x 282 hours?

    Thanks Probowler
    Last edited by probowler; 01-04-2008, 01:04 AM.

  • #2
    It sounds like the employer is treating you as exempt under the Computer Professional exemption, which doesn't mandate overtime pay at all.
    http://www.dol.gov/esa/regs/complian...a_overview.pdf

    However, what exactly do you do? I think I remember seeing a couple of DOL opinion letters that stated that Network Administrators (depending on their duties) did not meet the criteria.
    Last edited by Pattymd; 01-04-2008, 01:27 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I am a systems adminstrator (defined as level 3 server support)

      If a server goes down we are responsible to bring it back up.

      Same thing with e-mail or printing services.


      I also must add that I have been contracting under the same job title for 7 years and weather it was 20$ an hour or 40$ an hour I always got paid time 1/2. This is the only company who has not.
      Last edited by probowler; 01-04-2008, 01:43 AM.

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      • #4
        Need more detail on your job duties. Do you follow technical manuals and established procedures? This is one of the opinion letters I was thinking of:
        http://www.dol.gov/esa/whd/opinion/F...26_42_FLSA.pdf
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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