r/legaladvice•
Fir3Chi3f

I'm afraid to confront my boss about the law and getting paid overtime

We had quite a few people leave at my company and although my title is 'programmer' I've had to work additional hours to do network, server and desktop maintenance.

The dilemma I'm currently facing is that I've had to work a few hours overtime and was told explicitly not to mark that down as overtime as I'm salaried. However, I am currently being paid almost half of $913 per week. From my understanding to be exempt from overtime pay, a 'computer worker' must be paid at least $913 per week or ~$29 hourly. "The hourly salary for the Computer Professional Exemption is still $27.63. However, the weekly standard salary amount has increased to at least $913 per week." https://www.dol.gov/whd/overtime/final2016/webinarfaq.htm

I guess I'm asking if I'm correct in my understanding of this law and overtime pay for salaried employees. This is a fairly new law and it's possible my employer just doesn't know, but still I'm afraid of confronting them about it; even more so actually filing a complaint with the dol. There also still seems to be A LOT of websites/information that state the $455 amount (I just barely make more than that) https://www.federalregister.gov/documents/2017/07/26/2017-15666/request-for-information-defining-and-delimiting-the-exemptions-for-executive-administrative

I'm really asking for confirmation that I'm correct before I make a fool of myself confronting my employer and or going to waste my time/money going to actual legal counsel. Regardless I have started looking for work elsewhere. I am currently in Illinois.

Added bonus: Would all this make the page linked on the FAQ for this subreddit be out of date? https://www.dol.gov/whd/overtime/fs17g_salary.htm

Posted Jul 31, 2017, 3:23 PM UTC

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