Discussion:
hi
Can anyone explain me if is there any rule for overtime or not ?
I am working 50 hrs per week instead of 40 hrs and my H1 sponsered company says "we will give you the approxiate of whatever client gives us"...
My some friends say you will be given all the money for the overtime and nothing to you h1 company..
Please I am confused help me..
Thanks in advance
Answer:
HI,
A company is not always obligated to pay OT. It depends on your employment classification. If you are classified as an exempt employee, the company is "exempted" from paying you OT (does not have to pay OT). If you are classified as non-exempt, the company has to pay you Ot and if it does not it is illegal and you can complain to the Dept of Labor.
Note that "exempt" or "non-exempt" has nothing to do with whether you are salaried or hourly. An exempt employee can "theoritically" be paid hourly (in this case his contract with empoyer prevents him from working more than 40 hours/week) and a non exempt employee can be salaried. The classification also does not depend on your title.
THere are certain conditions which a company MUST establish to classify an employee as exempt. However, certain professions; especially those requiring licenses to operate are by default exempt. Examples: doctors, engineers holding a bachelors or higher degree, nurses, teachers are by default exempt employees and the company in these cases, does not have to prove that such employees are exempt.
For more info, check the Dept of Labor website where they have elaborated the conditions for when employees other than listed above can be classified as exempt.