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Discussion Starter · #1 ·
If you're a W-2 contractor via some recruitment place, do they still need to pay you time and a half for any OT you work? In my last 3 contracts it says in the contract that it's straight pay for regular and OT. But I was chatting with one of the accounting contractors here and he said "if you're W2 they must pay OT for anything over 40 by law".
 

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Fear is the mind killer
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I think you may qualify for OT. I got this from the IL. Dep. of Labor site, it does not look like you fit into any of these categories?


Who is exempt from being paid overtime?

The following employees are exempt from overtime pay:

Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships,
agricultural labor,
government employees,
executive, administrative or professional employees as defined by the Fair Labor Standards Act,
certain employees involved in radio/television in a city with a population under 100,000,
commissioned employees defined by Section 7(i) of the Fair Labor Standards Act,
employees who exchange hours pursuant to a workplace exchange agreement,
employees of certain educational or residential child care institutions.
 

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Fear is the mind killer
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Do you have timecards that you have access to at your job? You will have to file a claim with the IL. Dep. of Employment Security to have anything happen, but be ready to find another job once your employer gets wind of it :lmao:. It will also take some time to go this route, it would be like any other court dispute, lots of time and court appearances :(.
 

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Discussion Starter · #5 ·
No, I don't work much OT so it's not really an issue. I get straight hourly rate for anything over 40 anyway, but yea they could have lumped me in to administrative since that's pretty much what I am.
 

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I get salary for anything 40 hours and less, but OT for anything over 8 hours per day. Maybe my consulting company is just being nice, but I suspect it probably has more to do with it being a legal issue.
 

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Fornello Del Testicolo
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Our contractors are not allowed to work overtime. This is IT, so I'm guessing that means we'd have to pay it if they did.

edit: that is those that are through a third party firm are limited to 40 hrs (used to be a DC manager).
 

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Overtime for more than straight hourly rate in IT? :lmao: Do you expect free blowjobs, too? :lmao:

I don't know how it is in IL, but in CA IT contractors are specifically excluded from the OT requirements. I have never had a contract where they would pay anything more than a straight hourly rate and I only heard about one case where a company did (that was in TX). In many cases they disallow working overtime. So, dream on :laughing:

PS: You can easily adjust your rate... Just work less and charge more. :1pimp I would never do it with a decent client (like the one I work for now), but I make sure that the shitty ones get fucked. I mean - if they expect you work 80 hours/week for several weeks/months straight + treat you like shit (happens...), I would work 60 and bill over a 100. Eye for eye.
 
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