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November 4, 2008    DOL > WB > Frequently Asked Questions > Question 33   

Question: I recently accepted a job as a computer software engineer at a higher salary than my previous job. My employer says that I am not entitled to overtime compensation. Is this correct?

Answer: The Fair Labor Standards Act (FLSA) was amended in 1996 to exempt from overtime certain highly-skilled computer professionals who are paid at least $27.63 per hour, and who meet specific duty requirements of the FLSA. For further information, contact your local Wage and Hour Division District Office or call toll-free: 1-866-487-9243.

FLSA exempts certain sales employees of retail car dealerships from overtime pay. In addition, commissioned sales employees of many other retail or service establishments are exempt from overtime when certain conditions are met. If more than half of the employee's earnings are from commissions and the employee's average rate of pay is more than one and one-half times the minimum wage for each hour worked, the employee is exempt from the overtime provision of the FLSA.



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