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  1. #1

    Default Salaried and No Overtime

    My question involves employment and labor law for the state of: Louisiana
    I am an Electronic Technician with an oilfield company. I work on and build electronic equipment, go on service calls which requires staying overnight on drilling rigs. I also provide tech support on phones at any hour of night , and also work at office past 8 hours many times.
    I have been working for this company for 21 yrs, I've always been on salary.
    My check always shows 108 hours, regular time ,twice a month. I never had to punch a time clock or fill out time sheets Me and another employee are in this predicament, while when other techs are hired, they are hourly, punch a
    time clock and receive a lot of overtime pay.
    Has this company doing me and other employee wrong all this time, and what can I do about it, and could they be in serious trouble with Federal Labor Board?

  2. #2
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    Default Re: Salaried and No Overtime

    In a nutshell,
    Quote Quoting United States Department of Labor
    The FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. It also exempts certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations. The FLSA contains other exemptions which are applicable to specific types of work or to specific types of businesses.
    It is possible to have a fixed salary for fluctuating hours.

  3. #3
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    Default Re: Salaried and No Overtime

    Quote Quoting Mr. Knowitall
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    I used to work in the oilfield industry, so I am not unacquainted with your type of work.

    It's nearly impossible for your type of job to be nonexempt. Even with a "salary with fluctuating hours", you still must be paid overtime pay, it's just that the calculation varies.

    Has anyone asked the employer why overtime is not being paid? I'd be interested in hearing their reasoning before I categorically state that they are wrong.

  4. #4

    Default Re: Salaried and No Overtime

    You mean its nearly impossible for my job to be Exempt?
    Either all 4 of the Electronic tech. are gonna be non-exempt or exempt. Not have 2 getting overtime pay and 2 not getting overtime pay. I think Me and the other guy not getting o.t. pay, we should be non-exempt and getting overtime pay. Its possible my company misclassified our job title all these years so they would not have to pay overtime.
    Is there any code on our check stubs or w-2 form that would tell us?

  5. #5
    Join Date
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    Default Re: Salaried and No Overtime

    Yes, sorry, I did mean exempt.

    To answer your last question, probably not. Most systems don't include such information for printing on a pay stub.

    If two are receiving overtime and two aren't, it's also possible that the company knows what the proper classification is and is paying those employee OT because they were the squeaky wheels.

    Or, yes, misclassification is also possible.

    Again, when you ask the employer about why you are not getting overtime, what is their answer?

  6. #6

    Default Re: Salaried and No Overtime

    When we had asked our supervisor about overtime, he said overtime is included in our check already. The supervisor is also one of the owners.
    I think that they have let this go on for so long without making it right,
    they don't want to admit it and they probably hope we don't know any better.

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