I work as a service tech for a company the supplies instrumentationn to the Petro-Chem industry. I have always been paid for my ot in excess of 40 hrs for the 30 yrs I have been in this business.My boss now tells me that I cannot get any ot pay unless I have 40 hrs of BILLABLE hrs for that week.Unfortunately, I am not always 100% billable for some weeks.
One example,I was on a job where I could have billed a full 40 hrs to a customer,but I was called to the main office by my boss to attend a mandatory meeting for 8 hrs (non-billable).Then I had to go back to the customers site on a Saturday (which would have normally been OT),but now I had 40 hrs billable + 8 hrs non-billable,so he would not pay any ot,only 40 hrs straight time
Another example,I was scheduled for a job as a Turnaround Coordinator where I would be working about 4-6 hrs a day chargable to the Customer.Then around Thursday,it was decided that I would have to work Sat/Sun for about 6 hrs each day (billable to the Customer).Boss said that no ot would be paid,until a full 40 hrs had been billed.Even though I was at work for all 7 days.
Even though I am not always billing the Customer a full 40 hrs/per week,I am expected to attend meetings,provide training,and do Warranty jobs that are non-billable.
The boss said that I am considered exempt salary,even though when I hired on 20 yrs ago,I was verbally told that I was non-exempt.I do not have this in writing though.Shouldn't this type of job be considerd "Non-Exempt"?
One example,I was on a job where I could have billed a full 40 hrs to a customer,but I was called to the main office by my boss to attend a mandatory meeting for 8 hrs (non-billable).Then I had to go back to the customers site on a Saturday (which would have normally been OT),but now I had 40 hrs billable + 8 hrs non-billable,so he would not pay any ot,only 40 hrs straight time
Another example,I was scheduled for a job as a Turnaround Coordinator where I would be working about 4-6 hrs a day chargable to the Customer.Then around Thursday,it was decided that I would have to work Sat/Sun for about 6 hrs each day (billable to the Customer).Boss said that no ot would be paid,until a full 40 hrs had been billed.Even though I was at work for all 7 days.
Even though I am not always billing the Customer a full 40 hrs/per week,I am expected to attend meetings,provide training,and do Warranty jobs that are non-billable.
The boss said that I am considered exempt salary,even though when I hired on 20 yrs ago,I was verbally told that I was non-exempt.I do not have this in writing though.Shouldn't this type of job be considerd "Non-Exempt"?
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