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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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: http://www.dol.gov/whd/regs/compliance/fairpay/fact_exemption.htm


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