Can my employer make me work past 40 hours a week and not pay me overtime or give me flex time?

UPDATED: Jul 2, 2012

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Can my employer make me work past 40 hours a week and not pay me overtime or give me flex time?

I am a computer technician for a K-12 school district in Indiana. I receive no banked time or flex time. I am paid salary. My scheduled hours are 6 am-2:30 pm including a half hour unpaid lunch, Monday through Friday. I am not considered a manager and I do not have employees under myself who I supervise. I fix computers and broken technology. What does exempt status and non-exempt status mean and how does it apply to my situation?

Asked on July 2, 2012 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you are paid on a salary basis and you are a computer technician, you may be exempt from overtime under one or more of the following exemptions: computer-related employees; professional; or administrative staff. Compare your duties and authority to each of those tests (found on the Department of Labor website); if any of them apply to you, you are exempt from overtime and do not receive additional compensation when you work more than 40 hours in a week. At the end of this answer is a link to a Dept. of Labor page where you can find these tests.

If you do not meet one or more of the tests, then even though you are paid a salary, you probably should receive additional compensation if and when you work more than 40 hours in a week.

Here is the link:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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