Not knowing what state. not sure.
In California, you can be salary and still receive overtime. If you are Exempt, then you won't be entitled to overtime. >From what I was told by someone that used to work with the California Labor Board, a good rule of thumb is if you are in the position of hire and fire. If so, then you are exempt.. no overtime. If not, you are non-exempt and are entitled to overtime. Of course.. I am sure there are exceptions and loopholes. *** Note, I am not an employment lawyer. Best to contact your state's labor board and/or an employment attorney. From: Sean Houston [mailto:[email protected]] Sent: Tuesday, January 06, 2009 7:16 AM To: NT System Admin Issues Subject: OT - Staffing Overtime I was curious as to what everyone does here (or your company does) in regards to IT staff and salaries. I'm not management, but when it comes to anything IT related I'm the go to guy. I know there is a lot of gray area in regards to how salary and overtime works especially in relation to IT work. >From what I can tell according to the department of labor unless your primary job is a systems developer, analyst, programmer, etc your employer is required to pay you overtime unless you are management. We have IT Technicians who are salary, but they are going to have to start working overtime soon. I believe the company is required to pay them overtime, but I'm meeting some strong opposition on this. I've read even if there is an agreement between the employee and employer, or the salary is based on 50 hours, these types of agreements are restricted by the department of labor. Anyone have any thoughts, or even better, experience with such things? Thanks! Sean Houston ~ Finally, powerful endpoint security that ISN'T a resource hog! ~ ~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/> ~
