Do employers have to track salaried, NON-EXEMPT employee hours?

I believe I am NOT an exempt employee, while I am a computer programmer, I am only paid about 25$ per hour, but am paid on a salaried basis. My question is, is my employer required to track my hours as I am not an exempt employee, even though I AM salaried? Or do I have to track my own hours to make sure I am paid for overtime, and how should I document those hours?

1 answer  |  asked Nov 16, 2009 10:32 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
An employer is required to pay overtime to non-exempt employees, whether they are salaried or hourly. It is the employer's responsibility to keep proper records of hours worked. There is some controversy about how overtime is calculated for salaried non-exempt employees, but there is no question that an employer who fails to keep a record and pay for overtime hours can be liable for unpaid overtime and liquidated damages.
If you are working more than forty hours per week and not being paid overtime, you should keep your own record of the hours worked and report the hours to your employer so that there is no question about whether you worked the hours. If the employer refuses to pay overtime as required, go to the U.S. Department of Labor and make a complaint with the Wage and Hours Division.
There is an exemption for certain computer professionals, but it only applies if you are being paid at least $27.63 per hour.

posted by Francis Fanning  |  Nov 17, 2009 11:12 AM [EST]

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