Overtime cap?

[catrose]

So my employer is busting me down to contractor. (I was only a second-class citizen to begin with--not as many benefits as a real full-time employee--and now I'm going be third class.) The contracting firm has set my overtime rate at the same rate as the straight time rate. I tried to correct that, and they said that it's the law that they don't have to pay time and one-half to people at my hourly rate.

The Google led me to some pay charts showing premium pay topping out at $31.50, but nothing about the law in particular. And a lawyer's site (https://www.overtimelawyers.com/misclassification.htm) seemed to say that they can't just use pay rate to determine exempt status. And my employer has been firm that I'm not "management." The fact that I run the department is just "leadership," not something worthy to be compensated for--but I shouldn't stop doing it. And I work with a computer, but documentation, not writing code.

Anybody know the law in this matter?

It's actually a moot point because the company doesn't want to pay any kind of overtime, but I hate to sign away a right. And Michael Dell just paid lots of employees compensation because of his "Chinese overtime" policy, and they were paid pretty well as salespeople.

TIA

[MajorChode]

1. Your rate has very little to do with it

It actually goes by the type of work you do. Is sounds like basically they are saying you are exempt from the overtime provisions of the FLSA based on the type of work you do.
http://www.dol.gov/elaws/esa/flsa/screen75.asp

You can challenge your exempt status, but it's NOT an easy thing to do and it will likely not endear you too much to your employer. Most often it is unions that make those types of challenges.

[Angry Dragon]

2. Call the Department of Labor in your state

I would start there

[TomClash]

3. Take a look at these websites

The overtime regs under the Fair Labor Standards Act were recently revised. You are probably covered by the FLSA. I assume you are not union because if you were, you would need to look at your CBA first. To be exempt (screwed) under the Executive Exemption of the FLSA you need to supervise people in the department you run. I suspect that is the only means by which they can deny you overtime. Of course, this is subject to your state's laws, which could provide greater protection but probably do not.

You can also look at these DOL sites:

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

http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

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

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

http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.pdf

Good luck, Brother.

[catrose]

4. Thanks much to all

No, I'm no longer with the union. (Musicians Local 94!) I'll check those links and call the DOL. (Doh! Can't believe I didn't think of that.) I'm not a supervisor, just a grunt who's expected to make everything come magically together.

Really bummed that after 4 years at this company, inventing the department, raising standards beyond their wildest dreams (or nightmares, some days), instigating quality control, and making the whole thing run like clockwork, to quote my manager, my reward is to be returned to the disposable, fungible pool, despite the company's best year since I've been there.

I have been offered other positions...for half or less than my current salary. Recruiters seem embarrassed to make the offers.