I'm a project superintendent for a small construction company I am considered salary exempt making 70000 a yrar, however I now am working 60 plus hours a week am I due overtime is yhere anything I can do

You are exempt from overtime if 1) you are paid on a salaried basis, 2) you are paid at least $455 per week, and 3) you perform exempt, supervisory duties.

The amount for test 2 will go up significantly if new Department of Labor rules go into effect. The implementation of those rules were recently stopped by a federal judge, but that could be temporary. Questions remain, however, whether a Trump DOL would change the rule. Even if they go through, though, your salary would satisfy the higher dollar amount. Therefore, it sounds like you meet tests 2 and 3.

You meet the third test, and would therefore be exempt from overtime (i.e., you would not be entitled to overtime pay), if you employer pays you the same amount each week without deduction for days in which you do not work a full week. If you have questions about whether you are paid on a salaried basis, take a look at the Department of Labor regulations and/or consult with an employment attorney. Here is a link to the DOL regulations:

https://www.law.cornell.edu/cfr/text/29/541.602

Although it goes without saying, you can still bargain for a better deal, or you can leave this employer and accept employment with an employer who compensates you more fairly.

posted by Neil Klingshirn  |  Dec 4, 2016 09:06 AM [EST]