PC Help Desk Overtime

I was hired with a company with "full-time salaried employment status" back in June 2006 to work as a computer help desk tech. It was always commonplace to work overtime, it came with the job. I have taken sick days off here and there with the blessing of my bosses (of which I have MANY) but with sick days, and vacation time I have always broken even. I have recently learned that the other employees of this company that work in the same capacity as I are paid time and a half for time worked over 40 hours in a week. I brought this up with my boss, and he let me know that my job performance was called into question, and until I can show improvement I would not be getting the overtime pay like everyone else. he also told me that excessive absences will also have to be addressed for overtime pay to start.

I have improved my work performance and I have recieved one "overtime" check for $343 for a two week period back in Febuary of 2008, which equals the hours over 40 which I worked the two previous weeks.

I would like to know if I am exempt or non-exempt for overtime pay. I know the docking of overtime pay can take someone into the non-exempt status, but can payment over overtime do the same? This is the first payment of overtime that I have recieved since I have begin working here back in June of 2006, and I have many, MANY weeks of well over 40 hours that I was not compensated for.

Thanks.

1 answer  |  asked Mar 15, 2008 3:57 PM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
wage and hour violation

Dear Jaeret,

Where do these bosses get their nerve? They can not "dock" you for "performance problems". This is not Dickensian London for gosh sakes!

From the facts you post it appears your employer is violating the federal Fair Labor Standards Act as well as Ohio wage and hour laws. Paying overtime has nothing to do with your job performance.

Whether you are non-exempt depends on your job duties. So, if those that do the exact same job as you are non-exempt, so are you. Just because they characterize you as "salaried" with no payment for overtime does not make it so.

If you are non-exempt, your employer can not withhold overtime if you have worked in excess of 40 hours in any one week (sick days and vacation can not be included in the weekly calculation). You are owed time and a half for every hour that you have worked over 40 hours. You state that you have worked "many, many weeks of well over 40 hours". If that is the case, they owe you money. Also, if you sue them, they are liable for twice that amount plus reasonable attorneys' fees and case expenses. (There is a 2-3 year "look back" period).

You can file a complaint with US Department of Labor or the Ohio Attorney General's Office. Or you can consult competent counsel to lead the battle.

Not so incidentally, if you file a complaint or consult an attorney, they can not retaliate against you. Otherwise, they will have even more trouble with which to tend.

Good luck.


This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  Mar 15, 2008 5:54 PM [EST]

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