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  1. #1
    Join Date
    May 2010
    Posts
    9

    Default Not Being Paid Overtime

    Before posting here I looked up laws under the fair labor act, and while they do answer some questions, some of the law is vague, so i thought you guys might be able to help clear it up. I am asking on behalf of a friend. He works for a larger business (more than 10 employees) as a technician. He does not have a contract. He sometimes works more than 20 hours extra per week, yet the company refuses to pay him only straight time. However, I was under the impression that anything over 40 hours must be paid at time and one half. He brought it to their attention but they are saying because they are a private business they can pay them how they see fit. Don't they still have to follow the Fair Labor Act?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Not Being Paid Overtime

    do you know enough about his position to be able to determine if he is considered exempt or non-exempt?

    what kind of "techinician"

  3. #3
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Not Being Paid Overtime

    Agreed, we don't have nearly enough information to make a determination. would it be possible for him to post? We'll have some follow-up questions maybe.

  4. #4
    Join Date
    May 2010
    Posts
    9

    Default Re: Not Being Paid Overtime

    i should have included that. He is non-salaried worker. His actual job classification is a network administrator. He is certified in just about ever computer thing you can think of.

  5. #5
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Not Being Paid Overtime

    Job title is irrelevant. We need to know EXACTLY what his duties are. If he meets the qualifications for the Computer Professional exemption, he CAN be paid on an hourly basis without being paid overtime, if his hourly rate is at least $27.63/hr (under federal law, some states are higher, but you didn't tell us your state as instructed when you started you post, so we can't say whether a higher rate would apply or not).
    http://www.dol.gov/whd/regs/complian...e_computer.pdf

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