Overtime Rate

[braveheart]

What is the name of your state? VA

I'm working for an IT company as Computer Programmer for little over a year now. I have been asked to work overtime to deliver the contract on time which I don't mind doing it. I'm salary employee and my rate is let say about $40/hr. Now, the employer told me that I could get paid the 40 regular hours + $40 x (whatever the overtime hours). Should this be 1 and 1/2 times the overtime hours?

Thanks in advance,

Braveheart

 

[cbg]

If you are an exempt employee, which is what I assume you mean by salaried, then any overtime at all is a gift from the employer. There is no requirement that an exempt employee receive any overtime at all, let alone that it be time and a half.

If you are a non-exempt employee but paid on a salaried basis, I believe there is a different formula for figuring OT which is not on a time and a half basis but I don't have the formula available. Beth, do you have it?

Either way, however, if you are paid on a salaried basis it's very doubtful that your OT is required to be at time and a half.

 

[braveheart]

Thanks for the reply.

I know this is sound silly but how do I know I'm exempt or not.

Thanks,

Braveheart

 

[braveheart]

I went back to the offer letter and saw this:

"In addition to your salary, our policy is to pay you straight-time for each billable hour worked in excess of your normal schedule."

So, I guess my employer is at least doing what it said.

Braveheart

 

[cbg]

It's your job duties that determine your exempt status. If you want to look further into it you can check the DOL website www.dol.gov under FLSA

Although there is no way to be certain in this type of forum, it sounds to me as if you are probably exempt and your company is choosing to pay OT anyway. If that is the case, then in paying it at straight time they are already doing more than the law requires.