Re^4: (OT) my first fired experience

[runrig]

Also, if you've documented your hours, and you've worked but the company didn't pay for overtime, then you can take them to the state labor board to get back pay. Sometimes this can be one recourse for people in this position.

[leocharre]

Thing is.. As I understand it- past 40 hours one is a 'full time' salaried employee. This means the 'laws' about hours and overtime are fuzzy. That is, you are paid a salary- biweekly- but this is doesn't really define how many hours you work. It may be 20 hours one week, sixty the next. It's a give and take on being a 'full time' employee. This can of course be abused by a potential employer. Stating the job requires more time of work than 40- If you're not a full time salaried worker- And you work more than 40 hours, the employer is *required* by law to pay hour plus one half or some such number. Of course, not the case for a full time salaried worker.

[Limbic~Region]

leocharre,
(IANAL) See http://www.dol.gov/whd/overtime_pay.htm and http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf. In a general overview, the Fair Labor Standards Act says you are entitled to overtime unless you are exempt. You aren't exempt just because your employer would like to think so - you have to meet all the criteria. If you were paid an hourly rate and it was less than $27.63 then you are not exempt and are entitled to overtime.

As a side note, you should ping the local Perl Mongers in the area (DC.pm, Baltimore.pm and CAMEL.pm) to see if anyone knows of any local jobs. I may know of something too - if you /msg me I can give you more information.

[runrig]

Disclaimer: I am not a lawyer.

There are rules/laws about who can be classified as "exempt" vs "non-exempt" (salaried vs non-salaried (or the other way 'round)), e.g., whether or not you supervise anyone is one of them. If the labor board decides you should have been non-salaried, then you get the overtime you've worked...the whole time and a half. Doesn't matter if you've worked 20 hours one week, You get paid an extra 30 for the week you worked 60.