hourly pay, exempt?

[nanomug]

What is the name of your state? california
In my new job I am paid by the hour but do not get overtime pay. If I work 50 hours in a week I get paid for 50 hours at my hourly rate. When I questioned this I was told that I am exempt. I was told if I don't work 40 hours, I would get paid for 40 hours. I was also told that I can use sick time is to be used for doctor's appointments and can be used for as little as a hour of time.
Is this exempt? Shouldn't over 40 hours be paid time and a half?

 

[Beth3]

In order to determine whether your job meets the criteria for exempt status, we need to know what your position is and what kind of responsibilities that entails.

 

[nanomug]

I'm a computer programmer doing server programming for client server software. What exactly do you need to know about my job duties that will determine exempt ves non exempt?

 

[cbg]

As much detail as you can provide. Also, what is your hourly rate?

 

[nanomug]

$38 per hour. Projects assigned to me by supervisor. Company policy is all work done in the office; no work at home (previous salaried jobs I worked from home). I have access to my office 24/7. Company says they expect programmers to work 48-50 hours in a week. What other kinds of info would be usefull?

 

[cbg]

Whether you work from home or in the office has nothing to do with your exempt/non-exempt status. It's your job duties that matter, along with how much independence you have.

I need to know what you actually DO. It's not enough to say you're a programmer.

Maybe this will give you an idea what I'm looking for. Scroll down to where it says computer exemption.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

 

[nanomug]

Thanks for the link. From the info it appeared that I am exempt. However a link to the California DOL brought in new information regarding programmers paid by the hour which I meet 4 of the 5 requirements to be exempt, but fail 1 which makes me non exempt. I fail the minimum hourly rate to be exempt.

Now the question is how to proceed with my company without getting fired.

For those interested here is the link to the CA DOL:
http://www.dir.ca.gov/dlse/Glossary.asp?Button1=E#employee in the computer software field