Overtime pay rate....Please clarify.

[infoboy]

Hi friends,
I am on an H1B visa and my company is paying me on an hourly basis after deducting about 45% of what the client is paying. Is it true that if I work overtime (over 40 hours a week), I should be paid 1.5 times the normal hourly pay rate (for those excess hours) as per DOL regulations? Please advise asap so that I can go after I company...FYI, I live and work in California, so I don't know if CA labor laws differ.

Thanks....

 

[rsimhadri]

Overtime Pay

I assume the overtime pay of 1.5 times is only for the pay rate which is very low. I am afraid if it is for us(IT Jobs) I have lost somuch so far....

Thanks,
Rajesh

 

[infoboy]

rsimhadri,
THanks for taking time to reply. But I didn't quite understand what you were trying to say. Is the company required to pay 1.5 times the hourly rate for the overtime hours worked? To answer your question, yes, this is an IT job.

Thanks...

I assume the overtime pay of 1.5 times is only for the pay rate which is very low. I am afraid if it is for us(IT Jobs) I have lost somuch so far....

Thanks,
Rajesh

 

[rsimhadri]

overtime pay

What I meant was, Department of Labor sets a rate for the overtime pay. If your(what client pays to ur employer) hourly rate falls under that rate then you are supposed to get overtime pay. But normally the rate set by DOL is peanuts if you compare with what client pays for you.

I am not 100% sure about it, just heard from some one. So you may need to confirm with your HR or Financial Advisor.

Hope this makes some sense...

Regards,
Rajesh.