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Government regulations on IT salary for Overtime

By TITSSNI ·
My company has advised me of a new Fair Labor standard and I wanted to know if this is true. It affects overtime pay for a IT consultant who is paid hourly and not on salary.

This is a quote for my operations manager.

"The exemption is as per the Department of Labor under the Fair Labor Standards Act and it applies to Computer/IT Professionals who make over 27.63/hour".

I worked a few hours of overtime a few weeks ago and noticed that I was payed straight pay for the overtime. I am not aware of this regulation and i'm hoping som eof my peers in the IT field can shed some light on this for me.

Thank you,

The Suite.

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Consultant or Employee

by JamesRL In reply to Government regulations on ...

I'm not in the US, so I can't give you any advice about the Act.

I can tell you that if you are truly a "consultant", someone who runs their own business and sells their expertise to a company on an hourly basis, there is no such thing as ovetime in my experience - you bill the same for every hour, whether its 5 or 50 per week.

If you are an employee on hourly wage, then I would try and get a copy of the act to understand the context - if your manager is correct, that sucks.

James

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What does your contract say about OT

by SkipperUSN In reply to Government regulations on ...

What does your contract say about OT - if your contract says 1.5 or 2.0 - then no matter what the law they owe you that rate - they signed it and agreed to it..

Now with out anything in the contract - they owe you what the government says - OT at 1.0 rate...

Check your contract...if its not there someone learnt a good life lesson..

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It's one way to learn why you should read before you sign

by sleepin'dawg In reply to What does your contract s ...

Too many are too trusting or too intimidated at contract signing to take the time to read the contract before applying their signature. Remember it is the employer or his lawyers who wrote it and they can hardly be expected to write it to their own detriment so you absolutely must assume that it will not be in your favour and protect yourself accordingly.

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This?

by Cactus Pete In reply to Government regulations on ...

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17e_computer.htm

If this is what they are quoting, you should read it very carefully. You can consult with the DOL for more explanation...

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This is the one that employers use

by sales In reply to This?

If you want to see the whole document it is here.

http://www.gpoaccess.gov/cfr/index.html
Search for CFR29541.

The way around this is to be on contract. In the contract you must specify that After Hours work will be completed at xxx dollars per hour.

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Thank you

by TITSSNI In reply to Government regulations on ...

I must say thank you for all your input. Your comments and reviews are right on target. I will have to find my contract and look over it but the funny thing is, i'm still getting job offers that pay time and a half way over the $27.63, so where does the OT legislation take effect, from the government or the employer.

I'll go dig up my contract and review it. The sub company that pays my company is looking into this to see how much they are billed for me and the rates for OT.

Thank you all again.

The Suite

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Overtime Rules

by TheChas In reply to Thank you

The US Department of Labor overtime rules define when an employer is REQUIRED to pay overtime.

There is no rule that PROHIBITS paying overtime.

The revised rules being put in place by the Bush administration in part make it easier for many employees to be classified as exempt from overtime.

Even with the new overtime rules, any employer can voluntarily pay overtime to any employee that they are not required to pay overtime to.

Whether by contract, competitive conditions, or company policy, beyond employees covered by the mandatory overtime pay rules, the company may choose to pay overtime.

Generally speaking, there are 2 major classes of employees, Hourly, and Salaried.

If an employee is paid by the hour, and docked for time not worked, the employer usually will be required to pay overtime compensation.

If the employee is paid on a fixed pay per day, or salary, then the company may not be required to pay overtime compensation.

Chas

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