Salaried employee, contract does not address overtime only that I must work min 40 hrs. Can I b paid overtime ?
I am a field tech with a geological company, I have worked over 45 hours each week with the company. I am still within the 90 day window of being a new hire. I have worked over 65hrs of overtime within the first three weeks of the current month. Contract only states that I must work min of 40 hrs and amount to be paid for each week of work. Am I entitled to overtime pay?
They may call it salaried, but if it specifies a certain number of hours that must be worked, then it is hourly. A salaried worker usually works 40 hours per week, on occasion is expected to work more than 40 hours, but not consistently so, and may on occasion work fewer than 40 hours in a week for good cause without penalty.
If it were possible to pay everyone as salaried employees and then work them 120 hours a week, don’t you think that all companies would start doing this?
I think, in your case, you’re probably out of luck in pushing for overtime pay, but you really need to evaluate WHY you’re working so many extra hours to do the job. If you’re putting in the hours, hoping to make a good impression, then the choice is yours. But if the company is demanding that you work so many hours on a regular basis, then perhaps the Labor Board would be interested in this company.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17d_professional.pdf