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belle&sebastiansmom
07-30-2009, 02:02 PM
Perhaps one of you smart folks can clarify a money-related issue for me.

DH works 40 hours per week for a government contract company. In order to get paid overtime he must work the first 6 hours over his first 40 hours with no pay. Then he'll get paid for those hours worked over 46 hours.

I believe he's considered an exempt employee (whatever that truly means.)

I've looked at the Dept. of Labor Wages and Hours website, and have calls into our county board, but I hoping someone on here can explain if his situation is "legal" (for lack of a better term.)

I've just never heard of someone having to give 6 hours of 'free time' before they begin to get paid overtime.

Ava
07-30-2009, 02:14 PM
An "exempt" employee means he is salaried (as opposed to hourly) - most salaried employees are not eligible for over time, but I'm not sure how it works or what the laws are for contract employees. I'm not sure if his situation is "legal" but I do know that usually exempt employees do not get paid over time.

JeMarie6
07-30-2009, 02:19 PM
I'm no expert, but Exempt usually refers to salaried versus hourly. But basically it is an indication that the OT pay regulations do not apply. Since he is an exempt employee his pay isn't specifically based on the number of hours he works and they are not required to pay him OT if he works more than his 40 hours as he is 'salaried' not truely hourly. Not sure if that fits your case, but maybe it will help a little. I imagine it's legal since they have him defined as exempt.

kymmyk13
07-30-2009, 02:20 PM
my Dh is an exempt employee for a power company, he is salaried and does not get paid for overtoime unless the is a hurricane or something like that

TrolleyGirl
07-30-2009, 02:26 PM
My Dh had a similar situation. He was salary based on 40 hours, to qualify for overtime time he had to go to 45 hours. We thought it was pretty generous because our past experiences have never provided overtime on any of our salary jobs.

tinytink
07-30-2009, 02:37 PM
Yes, exempt typically means you do not get paid overtime but since your dh works for or even on a govt contract that particular contract may allow ot pay with the stipulation that its over x# of hours. Hope that helps.

princessbride6205
07-30-2009, 03:05 PM
You may want to find out if DH is truly exempt. His employer may consider him exempt, but labor regulations are very specific about that. I have worked for employers that have tried to skirt the regulations and consider everyone exempt. You could ask the county board, when you speak to them, about those rules. But other posters are correct that most exempt employees are not paid overtime.

msmayor
07-30-2009, 04:00 PM
Perhaps one of you smart folks can clarify a money-related issue for me.

DH works 40 hours per week for a government contract company. In order to get paid overtime he must work the first 6 hours over his first 40 hours with no pay. Then he'll get paid for those hours worked over 46 hours.

I believe he's considered an exempt employee (whatever that truly means.)

I've looked at the Dept. of Labor Wages and Hours website, and have calls into our county board, but I hoping someone on here can explain if his situation is "legal" (for lack of a better term.)

I've just never heard of someone having to give 6 hours of 'free time' before they begin to get paid overtime.

My husband, an 'exempt' employee, would GLADLY give those 6 hours free to get paid for the other 15-20 'overtime' hours he puts in weekly. Instead, he works 60-65 hours a week and gets paid for 35.

bootleg89
07-30-2009, 04:10 PM
This is exactly what every one is saying- it means he is salary and depending on his work contract is what he gets paid. My DH works for a utility and depending on their classification, some get no over time but are still required to work, some get straight time for their over time and some get time and a half for over time. It really varies, but they should let him know before he accepted the position.

daleswife
07-30-2009, 04:21 PM
My DH worked for the trucking industry for years and he was an hourly employee and he did NOT get a dime over time. He worked 50+ hours every week. I didnt understand why and still dont, but it may be that its a law that his type work dont get overtime until a certain time....although 6 free hours would highly tick me off!!!

nordkin
07-30-2009, 04:31 PM
This link should answer your questions.

http://www.flsa.com/coverage.htm

From the information you have provided, he is lucky he receives overtime pay at all. I don't and haven't for years unless, like others have said, there is a mjor storm that comes through then I get straight time for the hours worked over 40. I work for an electric company as well.

ccgirl
07-30-2009, 04:37 PM
As the pp stated; he is lucky her receives OT at all, especially in this economy. I am exempt and never receive OT (holiday, act of God, etc.). I work in a hospital and usually work 45+ hours a week and sometimes from home too. It is very legal since he is an exempt employee.

Chicago526
07-30-2009, 04:55 PM
At my company, exempt employees get comp time. If you work 3 hours of overtime, you can take 3 hours off and not use your vacation or sick time. They prefer that you take it the week following your overtime but usually they'll let you bank it until you have a full day or two to take off.

brekin67
07-30-2009, 05:01 PM
Sounds like his salary encompasses 46 hours of work, then anything over that is additional pay.

PinkRhombus
07-30-2009, 05:48 PM
Try this link, too. Don't pay attention to the question....look at the answer

http://www.myemploymentlawyer.com/mel/answer.php3?answer_id=2272

Skatermom23
07-30-2009, 05:58 PM
I don't know how to explain it but yes it is legit. The 6 hours he is required to do over 40 probably go back to the company he works for and not the government. The hours over his 46 hours are considered the "govt contract OT" hours. Sounds silly but totally legit.

P.I. Squirrel
07-30-2009, 05:59 PM
If your husband is in a union or under a contract, FLSA does not override whatever the contract states. Otherwise, there are fairly general industry guidelines, such as computer professionals, listed in FLSA that are specifically exempt from the overtime laws.

As others have said, and like my job, the employer can volunteer to pay exempt employees, but these are generally considered 'merit pay', and not pay for actual overtime. They are very careful to not call it 'overtime pay', because it can then be said that your status has changed to non-exempt.

cjlvsccm
07-31-2009, 11:08 AM
Perhaps one of you smart folks can clarify a money-related issue for me.

DH works 40 hours per week for a government contract company. In order to get paid overtime he must work the first 6 hours over his first 40 hours with no pay. Then he'll get paid for those hours worked over 46 hours.

I believe he's considered an exempt employee (whatever that truly means.)

I've looked at the Dept. of Labor Wages and Hours website, and have calls into our county board, but I hoping someone on here can explain if his situation is "legal" (for lack of a better term.)

I've just never heard of someone having to give 6 hours of 'free time' before they begin to get paid overtime.


Hi,
I've worked many years in payroll depts, and yes that is legal. The Wage & Hour laws are specific (mostly) in determining Exempt (= Exempt from OT requirements) vs. Non-exempt (HAVE to pay OT in particular circumstances) positions. Not exactly the same as hourly vs. salary, as we have lots of salaried Non-exempt employees. But from what you said your husband's position is Exempt.

Government contracts are special, in that they usually GRANT OT PAY to Exempt employees in certain circumstances. So you might consider yourselves lucky that he is in a job that does give OT at all. Like a pp said of her DH, some Exempt employees work LOTS of extra hours with no extra compensation... and some companies never give comp time for that either, because that's simply a matter of company policy. :flower3:

Arielle22
07-31-2009, 12:28 PM
I am also in payroll. For the poster who said the FLSA doesn't override the union or a contract you are incorrect. FLSA is federal law. State law can offer more protections that federal but the rule is whichever gives greater protection is the one you follow (or a combo of the two).

However government employees are not covered under all labor laws. OP, depending on how your dh is categorized he could fall under that exemption.

For an exempt employee, their salary is to cover however long it takes to do the job. So while they don't get OT, the circumstances under which their pay may be docked (for sick or vacation time) is limited.

mel63
07-31-2009, 03:51 PM
FairPay

DOL's FairPay Overtime Initiative

FairPay: Overtime Security for the 21st Century Workforce Welcome to the FairPay Web site. It's designed to help you understand the Department's FairPay rules.

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

However, Section 13(a)(1) of 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. Section 13(a)(1) and Section 13(a)(17) also exempt 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.


You can find out more here...
http://www.dol.gov/esa/whd/regs/compliance/fairpay/main.htm

paladin
07-31-2009, 04:22 PM
Sounds like his salary encompasses 46 hours of work, then anything over that is additional pay.

Yup, sounds that way to me also.

P.I. Squirrel
07-31-2009, 05:43 PM
I am also in payroll. For the poster who said the FLSA doesn't override the union or a contract you are incorrect. FLSA is federal law.


Yeah, that was poorly worded. What I was thinking of was the automatic exclusion from FLSA for employees covered under other, specific federal labor Acts, such as rail or truck drivers, plus others which are specifically excluded.

I was sleepy. ;)