The person who works for me typically only works 30-35 hours per week. She worked over 40 last week. Do you typically pay over time. The place I use to work did not but I wanted to find out what everyone else was doing.
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How
could OT be legally avoided for hours worked in excess of 40 hrs per week? -
Should be a good dicussion
At one time department of labor used to say if you were a "professional" on salary you probably could not get OT unless it was a written agreement.
Can a hourly paid person automatically be considered not to reach the the "professional" classification???
I remember asking what is a professional to a DOL guy. He jokely said does he wear a tie and what color is his shirt.
Is this not fun? I hope someone has better information. Here we pay time and halve during tax season. A lot of hours are worked and I do not remember why we went to it, but it has gotten people used to it.Comment
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our state DOL
says that OT MUST be paid unless the person is in a SUPERVISORY position (and ACTUALLY supervises others)...........(just calling them "salaried" does not exempt them from OT)Comment
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In NC
as I understand the law the person must be an actual part of management, with a salary at or above a specified level and actual supervisory responsibilities in order to be exempt from overtime.Last edited by erchess; 01-31-2011, 04:54 PM.Comment
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Overtime!!!!!!!!!!!
I wish.
When I worked for a CPA firm I was paid a monthly salary, plus for all hours over 40 hours per week I received my hourly rate, straight time.
I wasn't complaining because my prior employer only paid my monthly salary, no matter how many hours over 40 per week during tax season.Jiggers, EAComment
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Go to the DOL website, Wage and Hour Division, Fact Sheet #17A, for a complete explanation of persons and the duties they must perform in the 3 categories of exempt employees -- Executive, Administrative, and Professional. Also the latest version of WH 1282, mentions on Page 3, second paragraph, certain employees of firms who are not covered enterprises, but who still may be subject to its minimum wage, overtime pay and child labor provisions......"include those who regularly use the mails, telephones, or telegraph for interstate communication or keep records of interstate transactions, etc etc......"
P.S. If state law is more stringent than federal ( i.e, to the benefit of the employee) then it supercedes FLSA.Last edited by Burke; 01-31-2011, 07:49 PM.Comment
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Hire a low pay part-timer for the unskilled junk work.This post is for discussion purposes only and should be verified with other sources before actual use.
Many times I post additional info on the post, Click on "message board" for updated content.Comment
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My preparer was paid on commission, if she worked over she got extra money anyway.
My receptionist and person who did assembly work, Yes, I paid them overtime, a small price to pay for a happy employee. And if they worked extra, it made it so I could get more work done, every one was a winner.
I checked once for one of my bookkeeping clients. I found out it was OK for a small business, that worked only in one state. BUT if they accepted credit cards, that created an out of state issue, and they MUST pay overtime.
That was several years ago, a lot has changed since then.Comment
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Is that person on salary or hourly?
That is one of the deciding factors. hourly gets overtime with a couple exceptions which do not apply here. No choice in the matter. Professional salary (if they are paid high enough and those levels are low) can be exempt from overtime. BUT if they are exempt from overtime they are also exempt from deductions for missing work, etc. within certain perameters. Takes a couple days all day in a class to explain all the rules on salary and overtime, etc.AJ, EAComment
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