For those familiar with OT laws, is there an exemption for those engaged in surveying activities that would make them exempt from being paid overtime for hours in excess of 40 in a work week? Am I also correct that averaging hours over 2 weeks and not paying unless over 80 hours is illegal?
State-to-state labor laws vary. Research your state statutes and they'll tell you the OT rules. Here, it's anything over a 40 hr week. Some others have a "normal working day" definition. If your state is by week, averaging would make no difference other than falsifying the employee records which may be a big NO!
The workman is worthy of his wage...
JBS
It really depends on if you are classified as an exempt employee by DOL standards.
go here and read what it says:
For the most part, labor law is governed by the Feds. For instance, check
http://www.dol.gov/compliance/laws/comp-flsa.htm
for guidance with your immediate question.
Also, it would be wise to check whether y'all are in compliance with the regs that cover overtime! All it takes is a single call to the DOL to get their attention! Not a good thing to get caught, as a DOL dude may just come knocking on your door!
daw
UH Professor Emeritus
Most likely, as a student, you are not in a non exempt position as defined by law. If you are not an exempt position, then yes the work over 40 hours in a WEEK is OT.
From DOL:
The FLSA requires that covered employees in the United States be paid at least the federal minimum wage for each hour they work and overtime pay at one and one-half the employee's regular rate of pay for all hours worked over 40 in a workweek.
A quick reading of the DOL site suggests that the FLSA only applies to businesses engaged in interstate commerce. It looks to me like a survey business that operates in a single state isn't be subject to the law. (There may be applicable state laws that impose the same or similar provisions, though.)
The not covered because not involved in interstate commerce line would fall short. Courts have ruled if you purchase materials from out of state (hey where does your gun get made or do you purchase from one of the big equipment companies? Do you use verizon or ATT for your cell phones or internet) or have clients that live out of state (have you ever done a survey for someone who moved into your area) then you can be considered to be involved in interstate commerce.
Thanks for the link, I'll have to re read it to be sure but it appears my employer is in violation... yeah we'll leave it at that. Thank you again for the link!
