Overtime Question

I am an IT engineer working for a small company in Toledo. I feel we are getting a bad deal as far as overtime is concerned. I will explain how my compensation works. I am a non exempt employee. I get paid $22 and some change an hour. Also, for every billable hour over 80 per month I receive an additional $15 per billable hour which is paid out in the last paycheck every month. So, if I work 40 hours during a regular work week and then work an additional 10 hours on the weekend I will get paid an extra $150 assuming I already have 80 hours for the month. I think it's unfair that working on the weekend gets you only $15 per hour. Another thing that I think is wrong is that it takes about 50hrs per week including driving, picking up equipment etc. to reach 40 billable hours. The bonus is nice but I think we should be getting overtime ANYTIME we work over 40. My assumption is that the bonus is outside of the overtime if the company wishes to do that. Am I correct on this?

2 answers  |  asked Jun 20, 2009 6:19 PM [EST]  |  applies to Ohio

Answers (2)

Neil Klingshirn
Chris is right to be concerned about a possible exemption. Here is a wiki article on the computer professional's exemptions:


posted by Neil Klingshirn  |  Aug 3, 2009 09:55 AM [EST]
Christina Royer
My first question is whether you are sure you are a non-exempt employee. There are exemptions from overtime for IT professionals, including programmers and other computer-related positions.

I would be concerned that your job duties as an IT engineer render you exempt.

That said, if the employer treats you as non-exempt and actually pays overtime in some form, there may be an argument that the exemption does not apply, and you are entitled to overtime.

Overtime at a rate of time and one-half must be paid for all hours over 40 that you work in any given workweek. The calculation must be done on a weekly basis, not on a monthly basis, as your employer appears to be doing.

You should consult with a lawyer in your area about the specifics of your situation to determine if you are truly exempt from overtime and, if so, if it would worthwhile to try to pursue the wages you are owed.

posted by Christina Royer  |  Jul 31, 2009 1:20 PM [EST]

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