QUESTION
Am I entitled overtime pay if I'm exempt-salary paid?
Asked on Mar 04th, 2014 on Labor and Employment - Illinois
More details to this question:
I'm a salary-exempt .Net Programmer & Web Designer and am required to work 37.5 hours a week but typically put in well over 40 due to unrealistic project/task schedules. I feel that my employer has taken great advantage of me for the past 8+ years. I have worked many evenings, weekends and holidays for the same amount of pay I'd earn in a 37.5 hour work week. After submitting the hours I've worked into the time keeping system, our human resources department changes them so it appears I have worked only 37.5 hours each week - is that legal? Because I am an exempt (salary paid) employee, does that allow my employer to work me to death? Am I entitled to overtime pay since my employer is reaping the benefits of work I have done on (what I consider) my own personal time?
1 ANSWER
4 Awards
Though you are not necessarily an exempt employee just because your employer identified you as such, it does appear that your job as a programmer and designer is an exempt position. The next question is whether your employer either treats you as hourly or pays you hourly, regardless of whether your position is exempt or not. If you are paid hourly, you must get overtime. If you are called salaried, but your employer treats you as hourly, you may be entitled to overtime. In your case, if there are days when you work less than 37.5 hours and are docked a prorata portion of your pay, then it is possible the employer has now treated you as an hourly employee and may therefore have to pay you overtime.
You should consult with an attorney who is experienced in wage and hour and overtime issues to further explore your facts
Answered on Mar 05th, 2014 at 4:29 PM