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OVERTIME PAY is less than the PER HOUR rate

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cian.cpa


Arresto Menor

Hello,

I recently transferred to a new company and below are the issues regarding their overtime pay (Im an individual contributor and my contract states that Im a non-manager):

1. Overtime is paid on a fixed amount per hour that is way below my hourly rate
2. They are giving a meal allowance if you render at least 2 hours of overtime (even if you add this to the fixed amount per hour on No.1, it will still be below my hourly rate)
3. Overtime will only be paid if you render at least 2 hours per day

Thanks in advance.

mikos23

mikos23
Reclusion Perpetua

May I ask your exact position and level with the company?

There are some positions that are exempt from OT pay, even though they are not managers, you might fall into that category.

cian.cpa


Arresto Menor

Hello mikos23

I am a Senior Accountant and works as an individual contributor. No one works under me therefore I am not a supervisor. Also, the overtime pay is uniform to all employees under this company.

Thanks

mikos23

mikos23
Reclusion Perpetua

As per labor laws, positions that are exempted from OT and premium pay are Managers and Officers (non-managerial position).

For Officer level, it does not necessary means they are supervisor that "supervise" people. They just perform duties that directly related to management of the policies of the officer, or regularly exercise discretion and independent judgement, etc...

In most company, Senior Accountants are categorized as officer level and regularly exercise discretion and independent judgement, thus you are exempted from OT pay.

hope this helps.

cian.cpa


Arresto Menor

Thank you Mikos for the clarification.

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