ellev

Is my employer violating the new overtime law?

2 posts in this topic

I work for a small company (10 or less employees). We are all on salary but based on the new law where you must be paid $913 (or $47,476 annually) we are not getting paid overtime or anywhere near the $47k yearly requirement. Some people work in the office and others are technicians working in the field (the company is a skilled trade). We are all employees (not 1099 self-employed or anything). Both the technicians and office staff bring in about $400-$500/week. The technicians work 12-hour days (sometimes more) 5-6 days a week. Based on all my research we should either be paid hourly (with appropriate overtime pay when applicable) or they need to increase our salary. Is this the case, and if so how should I go about reporting this? Again, it is a very small company and I know recourse by my employer is illegal but that doesn't mean it won't happen. Any assistance would be greatly appreciated.

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The "new law" was stayed https://www.dol.gov/whd/overtime/final2016/litigation.htm.

 

It has always been legal to pay employees who are non-exempt on a salary basis. Even had the new regs gone into effect, just making the minimum per year would not automatically disqualify someone from OT. Nor did they have to pay everyone the $47,476 per year. Duties/industry still determine exempt and non-exempt. All that would have changed was the threshold to earn OT, if duties otherwise qualified someone to be classified as exempt.

 

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