Question Details:I have been working at my current job in Nassau County, NY for over a year and a half. My current employer has a policy that he does not pay overtime. I have worked over 40 hours over the course of a few paychecks. This includes some paychecks that are well over 40. I would, however, receive my regular pay regardless of the number of hours that I worked. I am a software developer, that makes less than $27.63 per hour in the state of New York. Is this illegal?
There are jobs that are "exempt" from the overtime rules, the sort of jobs that are usually on an annual salary basis rather than per-hour. If your job is one that is exempt, then the employer isn't required to pay overtime. Many, many salaried employees (including most lawyers) work more than 40 hours a week, sometimes much more, without overtime.
Your job, a software developer, sounds like it might very well be exempt, although it would depend on exactly what your actual job duties are. Most jobs that require creativity or independent work are exempt. The "details" matter here, very much, and I'd suggest that you consult with an attorney to get into that.

There are jobs that are "exempt" from the overtime rules, the sort of jobs that are usually on an annual salary basis rather than per-hour. If your job is one that is exempt, then the employer isn't required to pay overtime. Many, many salaried employees (including most lawyers) work more than 40 hours a week, sometimes much more, without overtime.
Your job, a software developer, sounds like it might very well be exempt, although it would depend on exactly what your actual job duties are. Most jobs that require creativity or independent work are exempt. The "details" matter here, very much, and I'd suggest that you consult with an attorney to get into that.

There are jobs that are "exempt" from the overtime rules, the sort of jobs that are usually on an annual salary basis rather than per-hour. If your job is one that is exempt, then the employer isn't required to pay overtime. Many, many salaried employees (including most lawyers) work more than 40 hours a week, sometimes much more, without overtime.
Your job, a software developer, sounds like it might very well be exempt, although it would depend on exactly what your actual job duties are. Most jobs that require creativity or independent work are exempt. The "details" matter here, very much, and I'd suggest that you consult with an attorney to get into that.

All employees receive overtime unless they are specifically exempt--employers may not change this rule or have a different policy, since it's the law. Being paid on a salary basis is part of being considered an exempt employee, but it's not the entirety of it--there are other tests that must be met as well.
If you are a software developer who is making less that $27.63 per hour if paid hourly, or less than $455 per week if paid salary (and note: if paid on a salary basis, the earning's threshold is lower; though it doesn't make sense, the two numbers don't tie together), you wouldn't even get to looking at the other tests. If you're a computer professional who is paid either $27.63 per hour or a $455/week salary, then you'd look to see if you meet the other criteria: http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.pdf
If you don't meet those criteria, it's doubtful you'd meet the criteria for the other two possible exemptions: professional (usually doctors, lawyers, engineers, college professors, etc.) or administrative (high level admin employees), though you can find links to the criteria for both here: http://www.dol.gov/whd/regs/compliance/fairpay/fact_exemption.htm

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