Salaried employees: Bill employer for overtime?

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z06ray
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Salaried employees: Bill employer for overtime?

Post by z06ray » Thu Sep 08, 2016 7:24 pm

I read often and rarely post but just curious to hear thoughts from the BH community.

I work for a top company in the world in a manufacturing role (love manufacturing). With it generally comes long hours and phone calls in the middle of the night. I am okay with this and am not complaining. Recently, an important position opened up that needed an immediate filling. Needless to say, I started the next day with no training. This Is okay and definitely exciting. I am young and I am being trusted with a lot of responsibility while also learning a lot. Fast forward 3-4 weeks, here I am working a consistent~75 hours a week (again, not complaining) but this is a bump up from my usual ~60. My pay has remained (I didn't ask for more). However, on the weekends, I do get overtime and always have since working here. I know of at least one salaried employee who bills over time during the week and I doubt that's the only one (this agreement could be based on many factors that are none of my business).

I know I am only in my first month, but I already can tell, the hours are not going to go down.. Would you bill overtime for every hour and wait until someone asks? Talk to your manager and ask to bill it? Not even step in that territory? Wait some time?


I am very grateful and blessed to be in my position and do have a good attitude about it. I am 26 years old and make right around 75k before bonus. My company knows that I will do anything and also don't want that to come and burn me in the future. Thoughts from the community?

hcj
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Re: Salaried employees: Bill employer for overtime?

Post by hcj » Thu Sep 08, 2016 7:29 pm

I don't understand how the other person can be salaried but still "bill overtime". Or how you as a salaried employee would go about billing your weekend overtime as I think you indicated you do regularly. I thought the definition of "salaried" is that you are paid the same amount whether you work 20 hours or 80 hours. Are you sure you're salaried?

PaunchyPirate
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Re: Salaried employees: Bill employer for overtime?

Post by PaunchyPirate » Thu Sep 08, 2016 7:37 pm

My opinion is that if you are in a company and HR designation that has a mechanism for paying overtime, then you should honestly submit the proper documentation for any hours over 40 hours per week that you legitimately work. In some states, the definition of overtime is any hours in excess of 8 hours per day. If your management does not like this, then you should work with them to understand that the job you are being asked to do cannot be done in 40 hours and see what their plan is to solve the problem.

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samsoes
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Re: Salaried employees: Bill employer for overtime?

Post by samsoes » Thu Sep 08, 2016 7:40 pm

In my few decades of salaried IT, "OT" = Own Time.

You are young and enthusiastic; sweat-shops love that. They will continue to work you to the bone until you're spent: physically, psychologically, mentally, and emotionally. (Not to mention the damage it does to relationships, especially if you have kids.)

Get used to it, my young friend, as long as you're employed at that sweat-shop.
"Happiness Is Not My Companion" - Gen. Gouverneur K. Warren. | (Avatar is the statue of Gen. Warren at Little Round Top @ Gettysburg National Military Park.)

atomicrc11
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Re: Salaried employees: Bill employer for overtime?

Post by atomicrc11 » Thu Sep 08, 2016 7:50 pm

It is not the fact that someone is salaried that prevents pay for overtime. It is the status of exempt or non-exempt. Which are you?

Currently if you are salaried and make $23,660 or less you are non-exempt and are entitled to overtime. On December 1st, this is set to up to $47,476.

If you are above these limits and classified as non-exempt by the employer then you are also entitled to over time pay.

If you are above these limits and listed as exempt by your employer you are not entitled to overtime pay. However a company can pay you commission or bonuses for meeting certain goals. That is entirely between the employee and the employer.

sport
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Re: Salaried employees: Bill employer for overtime?

Post by sport » Thu Sep 08, 2016 7:56 pm

Since your new job requires many more hours than the old one, and the pay is the same, you should discuss this with your manager. Rather than bill them for overtime, it seems a pay raise is in order.

N10sive
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Re: Salaried employees: Bill employer for overtime?

Post by N10sive » Thu Sep 08, 2016 8:01 pm

I dont understand OT on weekends but not during the week. If you can bill OT on the weekend I would assume you can bill OT during the week.

I wouldn't shortchange yourself for working that many hours without getting a pay raise.

youdiditr2
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Re: Salaried employees: Bill employer for overtime?

Post by youdiditr2 » Thu Sep 08, 2016 8:10 pm

I received $50k from a class action settlement after one employee sued for unpaid overtime.

Unless you're in management, exempt employee can not be asked to work overtime.

If you're working overtime on your own, then you're not going to win. If you're asked to work overtime and you're not a manager, you'll get some $$$$.

Some of the people I have known have received over $100k from overtime class action lawsuit from multiple companies.

As a manager, I was instructed to never ask anyone to work overtime, we would "Suggest" you stay to complete your work.

Funny thing is, one month after we were told this, one of the manager told her staff, "YOU HAVE TO STAY TO COMPLETE THE WORK AND WORK WEEKEND IF YOU DON'T COMPLETE THE PROJECT."

It's been 5 years and no one has sued. DAMN!

Daedalus214
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Re: Salaried employees: Bill employer for overtime?

Post by Daedalus214 » Thu Sep 08, 2016 8:30 pm

With all the hours you are now putting in, have you thought about your present hourly rate? How does this compare to your previous position? If you continue to work these long hours without additional compensation, it is like getting a salary reduction. If you do not say something to your supervisor, he or she will believe you are fine with the situation and will let you continue on. You have to explain that you are not fine with all the additional hours and responsibility without being properly compensated. Also, have a number in mind either on a per hour or yearly basis that is equal to or greater than your previous per-hour compensation. Or, you both agree to cut back on the hours to your previous amount.

If you do not speak up for yourself, no one else will.

ReadyOrNot
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Re: Salaried employees: Bill employer for overtime?

Post by ReadyOrNot » Thu Sep 08, 2016 8:37 pm

You'll have to ask your management. Even if the company is not required by law to pay overtime, a lot of companies pay overtime according to a contract (if you work under a contract) or their company policies. Often they limit the amount of overtime or require pre-approval by management. Sometimes if the work is for the government, the government contract does not allow unpaid overtime, or at least un-accounted-for overtime. And a lot of companies won't pay for overtime if they are not required to.

Steve723
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Re: Salaried employees: Bill employer for overtime?

Post by Steve723 » Thu Sep 08, 2016 9:13 pm

youdiditr2 wrote:I received $50k from a class action settlement after one employee sued for unpaid overtime.

Unless you're in management, exempt employee can not be asked to work overtime.

If you're working overtime on your own, then you're not going to win. If you're asked to work overtime and you're not a manager, you'll get some $$$$.

Some of the people I have known have received over $100k from overtime class action lawsuit from multiple companies.

As a manager, I was instructed to never ask anyone to work overtime, we would "Suggest" you stay to complete your work.

Funny thing is, one month after we were told this, one of the manager told her staff, "YOU HAVE TO STAY TO COMPLETE THE WORK AND WORK WEEKEND IF YOU DON'T COMPLETE THE PROJECT."

It's been 5 years and no one has sued. DAMN!

Uh, not sure what you are talking about here. An exempt employee means just that - exempt from the Fair Labor Standards Act - which is what governs overtime pay requirements. The reason you may have benefited from a class action suit is if you were mis-classified as exempt when in fact you should have been non-exempt based on your job duties. Many companies have definitely made this mistake and that is probably what happened in your case.

Employees that are legally classified as exempt employees do not have right to sue for something they aren't eligible to get to begin with. They are paid a salary to do a job, regardless of how many hours it takes.

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Watty
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Re: Salaried employees: Bill employer for overtime?

Post by Watty » Thu Sep 08, 2016 9:49 pm

tjschraf wrote: With it generally comes long hours and phone calls in the middle of the night......I am working a consistent~75 hours a week
You need to talk to your manager to make sure that does not continue for the long term especially if you are regularly being woken up at night.

This isn't just about the money, those hours will wear on you and there will be safety issues especially if you are dealing with heavy equipment or even when you are driving to and from work.

You mentioned;
tjschraf wrote:Recently, an important position opened up that needed an immediate filling.
Did the last person that worked in that position get burnt out and quit or get fired when they got too irritable? (or have stress related health problems?)

If so then you really need to get the workload restructured. That is not just for your good, but also for the the companies since it cannot function well in that situation.

killjoy2012
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Re: Salaried employees: Bill employer for overtime?

Post by killjoy2012 » Thu Sep 08, 2016 10:36 pm

I wouldn't suggest asking for legal advice on this forum, which is essentially what you're asking for -- employment law. Many people here are giving advice from their own personal experience and not based on law.

Are you an exempt employee? Are you a white collar professional? If so, odds are you are not entitled to any OT. It's called working for the 'man'. And if you're an 'at will' employee, don't be too surprised if you're shown the door when demanding OT pay.

liberty53
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Re: Salaried employees: Bill employer for overtime?

Post by liberty53 » Fri Sep 09, 2016 12:27 am

Wow, lot of completely wrong responses to the OP's question.

Both Federal and State laws affect the right to receive overtime pay.

Under Federal law, an employee may be categorized as exempt or non-exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).

If exempt - under Federal Law there is no entitlement to overtime pay. A company may still pay overtime if they wish, or may be required to under State law. I was an exempt employee during my career but worked for a number of companies that would pay me overtime at my normal calculated hourly rate.

If non-exempt - under Federal Law overtime pay is mandatory at a rate of 1.5 time an employees hourly rate.

Generally, a company may classify an employee as exempt if the employee is in one of the professions, has significant day-day discretion in how work is performed, and makes more than $23,600 per year. Historically, companies have stretched the definition of exempt positions, with resulted in court awards for back pay and penalties. Most companies over the past 10 years are being much more careful in justifying how employees are classified.

State laws may have additional provision for overtime pay such as double the hourly rate for time after 12 hours in a day or on the 7th day of work.

OP - as others have stated it's best to seek advice from your company's HR department or discuss this with a lawyer versed in labor law.

Mudpuppy
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Re: Salaried employees: Bill employer for overtime?

Post by Mudpuppy » Fri Sep 09, 2016 1:01 am

Besides the federal and state laws, if the OP is in a union-protected position, there may be a collective bargaining agreement in place that regulates this. That doesn't mean management will be knocking down the OP's door to let him/her know about his/her rights under that agreement though. It always pays to inform oneself about the particulars of one's employment contract and labor rights.

Spirit Rider
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Re: Salaried employees: Bill employer for overtime?

Post by Spirit Rider » Fri Sep 09, 2016 1:09 am

People are confusing issues and making blanket statements that are not necessarily true.

There are different issues regarding mandatory overtime for exempt employees under federal law, state law, state precedent and company policy.

There is no federal restrictions under the FLSA on the hours that exempt employees are required to work. There are some safety restrictions on regulated industries.

Some states have restrictions. Mostly in certain industries and occupations.

As has been pointed out, precedents have been established in some states for successful lawsuits. These usually involve consistent scheduled mandatory overtime. This has caused some employers to institute specific policies.

I have worked at more than one company that had policies that paid extra for on-call time and/or scheduled mandatory overtime. In every case you got paid for the extra hours at your W-2 hourly rate, not time and a half. Also the paid hours were for the extra scheduled hours. So say you normally worked 45-50 hours/week and you were required to work every other Saturday. Your paycheck every two weeks would just contain the extra 8 hours, no matter how many hours you worked those two weeks.

Sportswhiz00
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Re: Salaried employees: Bill employer for overtime?

Post by Sportswhiz00 » Fri Sep 09, 2016 7:13 am

Yes be careful with following advice on the forum on legal questions because the rules are nuanced and some people speak based on experience and not knowledge of the law. Some of the above posters have it right. You are salaried but that doesnt mean you are "exempt" from overtime. If you are "nonexempt" you are entitled to overtime (1.5x hourly rate for hours in excess of 40 per week, regardless whether weekend or weekday work, with potential additional rights under state law). If you are "exempt", then you are entitled to nothing beyond your salary and you can work 100 hours per week without any additional rights (although your employer is free to pay you overtime bonuses for weekend work or any other amounts above your salary). Your job description should have a line telling you whether you are exempt or nonexempt, or HR can tell you. Of course, just because HR says you are "exempt" doesn't mean they are right - as others have noted they could be doing this to save money and if they are wrong you would have legal remedies for back pay. There is plenty of information online as to whether particular positions should be exempt - just google exempt FLSA department of labor - for example, accountants and engineers are most likely exempt while if you are doing manual labor or secretarial work you are not exempt. If they are improperly treating you as exempt, you would have to make a judgment call on whether and how to raise it with your employer as you could be stepping into something that hurts your career. Or you could talk to a lawyer or the department of labor but that is somethi g usually done after you leave a company because you aren't worried about the effects on your career.

edge
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Re: Salaried employees: Bill employer for overtime?

Post by edge » Fri Sep 09, 2016 7:51 am

You made a big error jumping into this with no pay bump or expectations as to working hrs. You will now have to work around these issues slowly and methodically. Raising a flag and asking for overtime is not a good tactic.

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