Massachusetts OT law

[probowler]

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

[Pattymd]

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.

[probowler]

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.

[Pattymd]

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