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Overtime for a newly non-Exempt Employee

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MBAIV

Junior Member
What is the name of your state (only U.S. law)? Virginia

I was previously Exempt from overtime as i was a manager making 35k+bonuses. As I read the new overtime law that is taking effect December 1st, it would seem that I now qualify for Overtime. My bonuses are paid on a monthly basis and can be anywhere from 5-15k ( for the year in total). Since i do receive bonuses, it looks that the employer can count up to 10% of the $47,476 salary from the bonus. That brings the total amount needed for salary to $42728.40.
The questions: Do I qualify for overtime? Does overtime stop when Salary and overtime hit the 47476 total? I'm not sure if my employer has been keeping of the new update to the overtime law, do I need to inform them that I am working overtime(In the past they've said they need me to work more than 40 hours, but that was when it wasn't costing anything)?

Any insight would be greatly appreciated.

Thank you.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Virginia

I was previously Exempt from overtime as i was a manager making 35k+bonuses. As I read the new overtime law that is taking effect December 1st, it would seem that I now qualify for Overtime. My bonuses are paid on a monthly basis and can be anywhere from 5-15k ( for the year in total). Since i do receive bonuses, it looks that the employer can count up to 10% of the $47,476 salary from the bonus. That brings the total amount needed for salary to $42728.40.
The questions: Do I qualify for overtime? Does overtime stop when Salary and overtime hit the 47476 total? I'm not sure if my employer has been keeping of the new update to the overtime law, do I need to inform them that I am working overtime(In the past they've said they need me to work more than 40 hours, but that was when it wasn't costing anything)?

Any insight would be greatly appreciated.

Thank you.
You may find that your employer changes the way that your bonuses are paid, or makes other changes in how you are compensated.
 

cbg

I'm a Northern Girl
We would need much, much more information about your job before we could determine if you are due overtime or not. There's a great deal more to who can and cannot be considered exempt, than wage structure.
 

MBAIV

Junior Member
We would need much, much more information about your job before we could determine if you are due overtime or not. There's a great deal more to who can and cannot be considered exempt, than wage structure.
I work about 50 hours(not because i want to, because it's what the job demands) managing a department of 10-20 part-time workers and 2-3 full time employees. I have final hiring and firing say over the employees so i was considered exempt as a Manager. (the company employs about 20 full time workers and 30 part-time workers). I make 673 weekly(coming out to 35k annually). My bonuses are dependent on the profitability of the department, they are clearly defined based on revenue that department generates. Is there anything else you need to determine that?


Only reason I am asking the question is because a friend showed me the "new" rule which I looked up, but wanted to be sure about.

https://www.dol.gov/whd/overtime/final2016/general-guidance.pdf
 

cbg

I'm a Northern Girl
I think in view of the attached you might want to wait till a little closer to December before you address the question.

http://www.wagehourblog.com/2016/09/articles/dol-enforcement/twenty-one-states-allege-the-new-white-collar-salary-thresholds-are-unlawful/
 

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