Legal Question in Business Law in Washington

Paid Overtime

I work for a company as an IT Support Engineer, every so often I work over 40 hours a week, however I am a salaried employee, do I qualify for overtime pay?


Asked on 7/30/07, 5:32 pm

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: Paid Overtime

That depends. Many workers who are employed in the computer related field are "exempt", meaning they are not entitled to overtime. (The fact that you are salaried does not mean you don't get overtime, but your job description is what is relevant here.)

If your job description consists primarily of any of the following (or any combination), you are exempt and do not get overtime. (Take a deep breath):

These include the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; the design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; or the design, documentation, testing, creation or modification of computer programs related to machine operating systems.

If the above does not describe what you do, then you may be entitled to overtime.

There are also some pay requirements that must be met for you to be exempt. The hourly pay rate is $27.63/hour, but if you are paid on salary, the salary "floor" is much lower, at $455/week, and I suspect you are above that mark.

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Answered on 7/30/07, 5:58 pm


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