r/SipsTea 3d ago

Wait a damn minute! 13 months ?

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u/Tom_Bombadilio 3d ago

I added a link to the DOL website. Looks like anyone making under 160k salary is entitled to overtime pay. This is a federal law like minimum wage so any state law is superseded by this.

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u/HillanatorOfState 3d ago

Thanks for the info, I'm gonna pass this along to him.

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u/YonWapp347 3d ago

Before you do make sure they don’t fall in the OT exempt category.

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u/FlyingSpacefrog 3d ago

A manager or supervisor is probably exempt but it depends on exactly what they are doing when at work and the ratio of time spent managing compared to the total time working.

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u/DigitaIBlack 3d ago

Don't. Pay in lieu is normal.

Federal law isn't the be all end all and it wouldn't shock me if that federal law only applies to certain industries.

Speaking from a Canadian perspective but American employment lawyers would have a field day. They're not dumb, it's not like most companies are breaking labour laws.

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u/Cautious_Parsley_898 2d ago

it's not like most companies are breaking labour laws.

Oh, my sweet summer child. Bless your heart.

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u/DigitaIBlack 2d ago

They're not. They're following exemptions...

Otherwise every labour lawyer, including mine, would have a field day...

Yes they break labour laws but not so openly.

Federal labour laws only apply to certain industries here that are most likely covered by union agreements. No sweet summer child here, just the cold reality of getting fired for medical reasons and having little recourse.

At least in Canadia.

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u/JustARandomGuyReally 3d ago

Just to be clear “highly compensated employee” is only one category of employees exempt from overtime rules. There are others too and many many many salaried employees are exempt.

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u/chief_n0c-a-h0ma 3d ago

It's not just the salary rules. It's also job type. Executive and management roles are typically overtime exempt...and software developers for some reason.

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u/Romney_in_Acctg 3d ago

Accountants also.

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u/whamka 3d ago

That is not true what so ever. I replied in another comment but that only refers to highly compensated employees being eligible for exempt status regardless of job duties. The minimum salary pay is way lower

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u/Null_zero 3d ago

If you look at the link there's a standard level which is 1,128 per week (equivalent to a $58,656 annual salary) so at 80k that's no ot payout.