Overtime Exemption and other questions

[Sylar]

What is the name of your state (only U.S. law)? Florida

I am a computer programmer and as far as I've ever understood, I am exempt from any overtime pay... seemingly reinforced by the details listed at U.S. Department of Labor - Employment Standards Administration (ESA) - Wage and Hour Division (WHD) - Fact Sheet

The problem is, my boss (and the company owner) is really starting to take advantage of the situation. I have been "ordered" to work nights and weekends until project x gets done. Project x is behind only because the boss with no technical incite or experience has way undercut the time line needed to reasonably get work done (E.G. Demanding a 6 month project in two weeks).

While this may be reasonable in some contexts, he is now doing this with ALL projects and ALL employees now. He thinks there is nothing we can do, which very well may be the case. I speculate that he is hoping that we quit so he can bring in some ultra-cheap over seas employees, but that is a different matter entirely.

Obviously, his demands are impossible to meet. The stress alone has worn at my health pretty significantly over the past few months. I had my salary reduced by $10k/year days after my daughter was born. I have a stomach ulcer and hemoroids at the age of 29. I've lost 40lbs in the past 4 months. I am perpetually sick because I don't even get the weekends off to rest.

So I have a few questions... Even though I am "exempt" from overtime pay, is there recourse for compensation where the demanded overtime is grossly abused?
Is it possible for me to quit and still collect unemployment?
Is there anything else I should be looking at to get out of this situation and not leave my family in such a vulnerable position?

Thanks.What is the name of your state (only U.S. law)?

 

[cbg]

Even though I am "exempt" from overtime pay, is there recourse for compensation where the demanded overtime is grossly abused?

If you are correctly classified as exempt, there are NO circumstances whatsoever in which you are entitled by law to any compensation over and above your regular salary, even if you were to work 168 hours a week.

Is it possible for me to quit and still collect unemployment?

I do not believe that under these circumstances you could get unemployment if you quit; however, if Commentator believes otherwise I will defer to her expertise. Commentator?

Is there anything else I should be looking at to get out of this situation and not leave my family in such a vulnerable position?

Yes. You should be looking for a new job.

Someone will eventually come along and question whether or not your job duties actually classify you as exempt, so I will not go into that now.

 

[pattytx]

Are you a programmer as in coder? Or do you do the system analysis, design the process, etc.?

 

[Sylar]

Are you a programmer as in coder? Or do you do the system analysis, design the process, etc.?

Yes, I am a coder. While my duties at any other employer could/should include design and system analysis, we do not do that here for lack of a professional process at all. It is code by the seat of your pants, as fast as you can.

 

[pattytx]

I'm voting for nonexempt, but give the nearest office of the federal DOL a call and discuss it with an investigator. Theirs is the only opinion that counts anyway.

 

[Sylar]

Thanks for your time. It's much appreciated.

 

[cbg]

If it should prove that you are non-exempt, then you still have to work whatever hours the employer says, but you would have to be paid overtime for any hours over and above 40 in a week.

 

[thedoctorisin]

If you do turn out to be exempt, one possible idea is to say no to the mandatory overtime, or at least the most unreasonable overtime demands, and then wait to be fired. That might prove a better method to remaining eligible for unemployment benefits.

 

[cbg]

That's risky, though, as there is no guarantee that being fired for refusing to work the hours required by the employer will be seen as a qualifying reason to receive benefits. "Unreasonable" is often in the eye of the beholder.

 

[ecmst12]

I've found that employees complain less about working overtime when they get a nice fat paycheck at the end of it though.