Base rate or time and a half?
I work as a consultant for a contract firm. I am a degreed EE who designs circuits and writes low level software. In my present job, I am a W2 employee who gets a paycheck based on the hours I work. I get no paid vacation or PTO. My company offers health care benefits which are fully deducted from my paycheck. Each paycheck stub clearly indicates the hours I worked on site, etc.
I do get paid overtime. However, I only get my regular hourly rate. I generally work anywhere from 45-60 hours a week. Yet, I receive only my base rate for hours worked beyond 40. Am I entitled to time and 1/2?
Answers (1)
Whether you have a right to overtime pay depends on whether you are covered or exempt under the FLSA
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, whether you have a right to overtime pay depends on whether you are covered or exempt under the FLSA.
If your employer makes over $500,000 per year, gross, you are likely covered. The next question is whether you are 'exempt' or 'non-exempt.' These issues are highly fact-dependent, and vary by your job. As you design some software, you may fall under an exception for programmers, but I don't know enough facts to make a determination.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 18, 2007 3:32 PM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, whether you have a right to overtime pay depends on whether you are covered or exempt under the FLSA.
If your employer makes over $500,000 per year, gross, you are likely covered. The next question is whether you are 'exempt' or 'non-exempt.' These issues are highly fact-dependent, and vary by your job. As you design some software, you may fall under an exception for programmers, but I don't know enough facts to make a determination.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 18, 2007 3:32 PM [EST]
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