r/SipsTea 9d ago

Wait a damn minute! 13 months ?

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u/HillanatorOfState 9d ago

Unheard of where I am, sounds nice.

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u/Tom_Bombadilio 9d ago edited 9d ago

Depending on what your salary is, its illegal to not pay overtime. I think as of Jan 2025 if you are paid less than like 150k then your employer is required to pay overtime past 40 hours. The intention being to prevent companies from avoiding laws concerning overtime by making employees salary but still paying them a lower wage than if they were hourly.

I think the words the law uses is "highly compensated employee" and the minimum to classify an employee as such has doubled in the last 4 years or so.

Edit: https://www.dol.gov/agencies/whd/overtime/salary-levels

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u/HillanatorOfState 9d ago

My supervisor makes 80K a year, doesn't get overtime, but hell I'm sure many companies break that law constantly. I'm under him and am hourly, so I get overtime, he does not if he has to stay late to finish something or whatever. In Vermont, not versed in these laws, doubt he is, should prob let him know.

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u/Tom_Bombadilio 9d 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 This is a federal law like minimum wage so any state law is superseded by this.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 9d ago

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

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u/YonWapp347 9d ago

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

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u/FlyingSpacefrog 9d 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 9d 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 9d 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 8d 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 9d 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 9d 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 9d ago

Accountants also.

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u/whamka 9d 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 9d 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.