Under what circumstances is a worker in DC eligible for overtime pay? 
I worked for a company in an entry level job for 35,000 a year.  I
worked about 60 hours a week, and did not receive overtime pay.  Is
that legal?

First, Google Answers cannot provide legal advice.  If you have
specific legal questions, you should contact an attorney specializing
in labor issues.

To answer your second question first, "It Depends".  If you were an
exempt employee, then yes, it was legal.  If you were non-exempt, it
was not.  Read on for more information about the difference between
exempt and non-exempt.

You are eligible for overtime pay if you are considered a "Non-exempt"
employee.  Since you worked in the Federal District of Columbia, you
would only be covered by Federal wage laws.  Basically, if you were a
salaried employee, you are considred "Exempt", and if you were an
hourly employee, you are "Non-exempt".

A summary of those laws pertaining to overtime and exemption status is
avaialble at the US Department of Labor website:
http://www.dol.gov/compliance/guide/minwage.htm

A more complete discussion of Overtime laws and exemption is available
from the Department of Labor Overtime Security Advisor at:
http://www.dol.gov/elaws/overtime.htm

A list of jobs that are exempt from overtime and / or minimum wage laws follows:
The following are examples of employees exempt from both the minimum
wage and overtime pay requirements:

    * Executive, administrative, and professional employees (including
teachers and academic administrative personnel in elementary and
secondary schools), outside sales employees, and certain skilled
computer professionals (as defined in the Department of Labor's
regulations); 1

    * Employees of certain seasonal amusement or recreational establishments;

    * Employees of certain small newspapers and switchboard operators
of small telephone companies;

    * Seamen employed on foreign vessels;

    * Employees engaged in fishing operations;

    * Employees engaged in newspaper delivery;

    * Farm workers employed on small farms (i.e., those that used less
than 500 "man?days" of farm labor in any calendar quarter of the
preceding calendar year); and

    * Casual babysitters and persons employed as companions to the
elderly or infirm.

The following are examples of employees exempt from the overtime pay
requirements only:

    * Certain commissioned employees of retail or service establishments;

    * Auto, truck, trailer, farm implement, boat, or aircraft
salespersons employed by non?manufacturing establishments primarily
engaged in selling these items to ultimate purchasers;

    * Auto, truck, or farm implement parts?clerks and mechanics
employed by non?manufacturing establishments primarily engaged in
selling these items to ultimate purchasers;

    * Railroad and air carrier employees, taxi drivers, certain
employees of motor carriers, seamen on American vessels, and local
delivery employees paid on approved trip rate plans;

    * Announcers, news editors, and chief engineers of certain
non?metropolitan broadcasting stations;

    * Domestic service workers who reside in their employers' residences;

    * Employees of motion picture theaters; and

    * Farmworkers.

Certain employees may be partially exempt from the overtime pay
requirements. These include:

    * Employees engaged in certain operations on agricultural
commodities and employees of certain bulk petroleum distributors;

    * Employees of hospitals and residential care establishments that
have agreements with the employees that they will work 14?day periods
in lieu of 7?day workweeks (if the employees are paid overtime premium
pay within the requirements of the Act for all hours worked over eight
in a day or 80 in the 14?day work period, whichever is the greater
number of overtime hours); and

    * Employees who lack a high school diploma, or who have not
completed the eighth grade, who spend part of their workweeks in
remedial reading or training in other basic skills that are not
job?specific. Employers may require such employees to engage in these
activities up to 10 hours in a workweek. Employers must pay normal
wages for the hours spent in such training but need not pay overtime
premium pay for training hours.

If you have a problem regarding your wage and hours, you can contact
your Department of Labor district office at:
http://www.dol.gov/esa/contacts/whd/america2.htm

The Employment Standards Division of the Department of Labor offers
some good background information at:
http://www.dol.gov/esa/whd/

Finally, for additional assistance, you can contact the Wage and Hour
Division help line at 1-866-4USWAGE.

I hope this has answered your question; if you require clarification,
please ask before rating this answer.



Search Strategy:

washington DC labor law
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Request for Answer Clarification by danielgoff-ga on 20 Sep 2005 11:14 PDT

I was a "Junior Analyst" for a public opinion research firm.  My work
mostly involved data entry, proof reading, etc.  Would I be exempt or
not?

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Clarification of Answer by wengland-ga on 20 Sep 2005 12:44 PDT

Again, Google Answers cannot provide a legal opinion.  However, from
your brief description, it appears that your work falls into the first
category of " Executive, administrative, and professional employees ",
so you would have been exempt from overtime pay.

If you feel you were unfairly treated, or mis-classified as an exempt
employee, you will need to contact the US Department of Labor via the
websites or telephone numbers above.  I would also suggest contacting
an attorney who specializes in employment law.