Do IT professionals recieve overtime pay?

This is a topic of debate for me and an acquaintance. We're trying to figure out if employees should be paid overtime by law or not if they are salary. We'll define the word "employee" as help desk who does nothing but resolve client issues. This person has no bearing on any business decisions. The law seems kind of murky but I'm sure you guys have come across this before. This is in the state of Texas if that has any bearing.

For reference we are looking at the following link and snipped information.

Do Salaried Employees Get Paid Overtime? | Chron.com

Another standard is the nature of the job itself. Exempt employees must engage in duties that are considered “white-collar” work, such as executive, professional and administrative duties. An employee must have some level of independent judgment and discretion in making decisions on behalf of the company. It is important to note that job titles are not taken into consideration when determining if duties meet the standard.

Thanks!

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tedjames

I work for the State of Texas. We don't get paid overtime. We get comp time instead.

I used to work for a software company in the early '90s, and I got paid overtime. I guess it all depends on the policy.

shochan

Yeah, I always had a problem with this, majority of HR depts will argue with you saying companies don't do "salary non-exempt" which is BS...it's a way for them to take advantage of you and your personal time, IMO.

However, when I worked for an MSP, we were on a commission style pay scale which was UNLIKE any other employer I had ever worked for...it was actually kinda great. Because I earned a decent % from each billable hour I billed, plus % of the software & hardware I sold...However, we had to keep a running $2k balance in our commission bank per se...that was for times if you missed work/sick...but if you need to get some money out of your "banked commission money" for an emergency or you wanted to go blow it, in most cases it was just fine for the CEO to write out a commission check if you had the money there.

PCTechLinc

I'm in California, where the labor laws are probably the most strict in the US... I'm saying probably, because I'm not familiar with labor laws outside CA. I like the fact that I make overtime even when I'm salary, because California is very much a "never sleep" state, especially when it comes to IT support. Companies out here have no problem saying that you are "required" to work 14+ hours per day, and your salary is good enough. Happened at Home Depot warehouses too, where supervisors and managers had zero personal life, and most of them were on the verge of getting divorces if they didn't quit.

networker050184

Depends on the company. My last company was salary+overtime which was pretty nice. Current company is comp time which is nice and all, but money is better!

Welly_59

My current company pays overtime at single time but my previous employer paid overtime at 1.5 x standard hourly equivalent. These were both salaries roles.

If it makes a difference I am in the UK. If there was no overtime then tbh I would not be working the extra hours/weekends

Mike R

tedjames wrote: »

I work for the State of Texas. We don't get paid overtime. We get comp time instead. I used to work for a software company in the early '90s, and I got paid overtime. I guess it all depends on the policy.

By comp time do you mean those hours are put towards PTO? I mean that's fine your still getting compensated. It's the no compensation of any kind for non management roles that I question. I guess I might have answered my own question by looking further.

http://www.dol.gov/whd/overtime/fs17e_computer.pdf

LeBroke

Do IT professionals recieve overtime pay?

HAHAHAHAHAHHAHAHAHA

Sorry what was the question?

Welly_59

LeBroke wrote: »

HAHAHAHAHAHHAHAHAHA

Sorry what was the question?

Why would you work overtime without being paid for it

Dakinggamer87

I have with some companies and others not...

Jasiono

While I don't get paid overtime, my boss told me to make it a point to get to 40 hours a week, or as close as humanly possible.
He knows how it feels like to get burnt out.
If there is ever a firedrill we do over a weekend, we get time comps.

One week I will work 50 hours, the next I work 30 without an issue

networker050184

Welly_59 wrote: »

Why would you work overtime without being paid for it

It's not really overtime when you get comped, but sometimes it can be hard to fit that comp time in if things get busy. The comp time is usually off the books and not really something strictly tracked by a company which can lead to it falling off the map.

LeBroke

Welly_59 wrote: »

Why would you work overtime without being paid for it

Easy to do if you're in an hourly job where you log your hours for the week.

A lot more difficult in a salary position in a company culture where working extra hours is considered the norm and you get looked down on for not doing overtime. Especially if you're technically in a development, not IT role.

E Double U

When I was hourly I got paid overtime. Since I've been salary I don't get paid for overtime so I make sure not to put in any. If by a chance I need to stay late one day, then I will start or leave early the next.

TechGromit

When I worked for the Government as a Government contractor, I did get paid overtime on occasion with approval. but OT was Straight time, not time and half. Where I work now, it was the same deal, we got paid straight time OT, during plant outages, but they been cutting back, no OT is approved anymore.

jwdk19

Most IT jobs I've been in were Salary Non-exempt. Basically get comp time as opposed to paid over-time.
Currently in a Salary Exempt position. 90 hours a week or 30 hours a week, same pay. Do occasionally have the ability to work from home. I will say that this is probably my first and last Salary Exempt position lol  cons seem to outweigh the pros IMO

paul78

Welly_59 wrote: »

Why would you work overtime without being paid for it

I suspect that depends on an individual's motivation and passion for their career. I have personally never had a job that paid overtime. Every job that I've had has been exempt. I don't think that I ever thought about it. And, I've put in more than my fair share of weekends and all-nightner's to get the job done.

tedjames

Mike R wrote: »

By comp time do you mean those hours are put towards PTO? I mean that's fine your still getting compensated. It's the no compensation of any kind for non management roles that I question. I guess I might have answered my own question by looking further.

http://www.dol.gov/whd/overtime/fs17e_computer.pdf

Right, all overtime worked goes to PTO. Of course, any PTO that's over 300 hours at the end of the fiscal year (August 31 for State of Texas) is transferred into sick time. And eventually it gets moved into extended sick leave. Sounds like a crappy deal, but when retirement time comes along, you can actually retire early if you use your leftover sick and PTO to buy time. Otherwise, when you leave state service including retirement, you can cash out your remaining PTO.

tedjames

My wife also works for the State of Texas. Her agency has a policy against working more than 40 hours per week. If they have to work overtime Monday through Thursday, they have to leave early on Friday to ensure that they don't pass the 40-hour mark.

willieb

I can't answer for everyone, especially government jobs, and what is the actual law. But FWIW here's my experience over four different businesses over the last 25 years in the south east.

Just starting out lower tier IT jobs such as help desk and even up to tech/administrators you will more than likely be hourly.

Higher tier support such as senior admins/techs and engineers and higher you may be moved to salary. There is a threshold of pay. In the south east in rural areas it's typically $50k - $60k to be moved to salary. When moved to salary it's normally a larger than normal raise/increase in pay.

And you will find businesses will want salary folks to hit at least 40 hrs a week, but a little less every now and then is mostly fine (depending on business of course). Some also allow anything over 40hrs to be used as some form of PTO.

TLeTourneau

I've been an exempt employee for most of my career and am currently. I've found that my employers generally are OK with some form of comp time if I go over 40 hours in a week but also a benefit of being exempt is not having to use PTO for appointments that occur during the day. My non-exempt colleagues are required to use PTO in 15 minute increments, exempt employees use the in half day blocks and if you appointment takes two hours you are not required to use PTO. Also if you schedule an appointment for after you have worked six hours in the day you are not required to use PTO. Beyond pay that does not fluctuate there are some other advantages to exempt positions, depending on the employer and the laws in the state.

Nightflier101BL

Same here, as TLeTourneau...I'm exempt (private sector in VA). Nobody expects me to work over anything unreasonable. Just do my job as necessary. I can come and go as I need for things such as appointments, come in late, have to leave early, etc. I normally work around 9 hours per day and leave an hour or two early on Fridays. I have WFH options as well.

Where I'm at, we're all treated like adults and expected to act like adults. Do what you need to do and just make sure your work gets done, that's it.

Now, when I worked in government, that was a whole different story. Time punching, watching the clock to make sure I don't leave a minute too early.

snokerpoker

Last place I worked we were allowed to get comp time. The issue was my clients didn't give a crap if I worked late the night before. They'd email me or call at 8:00 AM or whenever they needed something. My dispatcher would also not care and route calls, tickets, and emails to me even though I listed as "Out". My manager even would get irritated and annoyed when the engineers took comp time.

I left that place about 8 months ago and my life has been much better.