Re: Job Opportunity - OT

The term everyone is looking for is "exempt". It is both federal and not related to employer size.  Exempt employees are those in which decision making is part of the job (to put it simply). Any professional, and nearly every job which requires a 4 year degree is exempt. You are not required to pay them time-and-a-half. Now, since I'm not dispensing engineering, I would recommend you double check with your council before you write that into the company manual. ;-)

In most places, if you are "salaried" and exempt, there is no requirement for any compensation beyond your salary, regardless of the hours performed. However, I'm pretty sure that in Cali, if you work at any time during a payperiod, you must be paid your full salary (even if you don't have, say, vacation leave to cover it).  It's not a particularly well-known law, and not one most employees would try to enforce.

Jordan

Scott Maxwell wrote:

It depends on the employment rules in your state.  In many locations, "professional" salaried employees are exempt from the 1.5X overtime pay.  It then comes down to how the state defines "professional".  I believe, however, that if you are hourly, then you must be paid overtime a time and a half.  But, I don't know for sure (and since I don't have anyone that works for me, I don't need to worry about it).

 

Regards,

 

Scott

Adrian, MI

-----Original Message-----
From: Michel [mailto:mblangy@satco-inc.com]
Sent: Friday, August 24, 2007 12:20 PM
To: seaint@seaint.org
Subject: Re: Job Opportunity - OT

I agree with you 100% How do you explain this to the judge though? Legally, aren't those OT hours supposed to be rewarded at 1.5X the employees base rate?