Overtime Pay?
Am I going to have to fight with management for overtime pay? The Fair Labor Standards Act kicks in on Dec 1st which means workers who earn less than $47,476 per year are entitled to time and a half pay for each hour worked over 40hrs. I earn 42K and work well over about 50-60 hours per week right now. I still haven't been approached by management yet but I'm afraid they're going to find a loophole in the law to avoid paying me for the hours. This is the law so they're required to pay, right?
I work for FedEx ground as a driver and my boss says it doesn't apply to us. Is that right or is my boss trying to get away with something? His words were it applies to white collar workers only.
It's the law so they are going to have to pay you. Keep track of your hours as a back up in case the pay doesn't go through on your paycheck.
Noel, I just found out this piece of information as well. If the company can prove you are classified correctly, they do not have to make you non-exempt. See this article.
Noel, thanks for the update. I did not realize this was happening and I had to do a little research before I answered you. You are correct with your figures and from what I am reading, you will be moving to non-exempt as of 12/1/2016 but you should start keeping track of any hours your work as of 11/20/2016. This is when I am reading the time you worked will actually have to be paid to you as an hourly employee. Also, you should not lose any of your currently accrued PTO, vacation time etc.. They should still accrue at the same rate since you were exempt. Now from what I am reading there may be one loophole the company can do to prevent you from receiving any overtime pay. If they raise your pay to 48K per year, you would stay exempt and everything else would stay status quo.
So now any exempt employee making under 47,000 per year automatically becomes non-exempt. I that's the rule then get ready for zero overtime and full time hour employee hours to get cut drastically. This in not going to be a good thing for everybody.
I didn't know that was happening. I just got promoted to supervisor and changed from hourly pay to salary pay so that's good news for me. With all the OT we're working now through the holidays I should be getting some good paychecks next month. Thanks for the heads-up.
Noel, not sure if you heard but a federal judge put a hold on the overtime pay rule. Looks like it may not happen for a while.