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Your company has a contract with the government. Typically, it is an agreed amount. Cost overruns sometimes do get paid out to a contractor, but had to have 100% proof that the cost was legit, did not exceed 7% and go before a committee before the payment was made. We were known for getting the contacts in under the agreed price, something that I hated doing. There were times billable hours were ignored by us as the contractor underbid to get the job. In your case, I can see your company not paying you the OT, as everyone agrees you are exempt. But exempt doesn't mean your company can act like a sweatshop and work you to death. At some point stop working the overtime. I know in the private sector, it is expected that sometimes you will work OT for free, but there has to be a limit. Living the Dream | |||
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Fire begets Fire |
Well said! "Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay - and claims a halo for his dishonesty." ~Robert A. Heinlein | |||
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| Member |
I was an Engineering Supervisor for GM before I retired. I definitely fell into the exempt category, not just the companies interpretation of the statue, since I had limited power to hire/fire. My group in general was compensated for "scheduled" overtime. That is to say that if the task at hand obviously required more hours than available in a 40/45 hour week, either overtime was scheduled or the task was officially delayed. The corporate reason for this was simple. Competent Engineers are a scarce and valuable asset which venal management may exploit by keeping departments short handed and thus forcing into uncompensated overtime. The DOE very likely expects engineers to be compensated for time worked within reason. | |||
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Member |
As mentioned in the OP, I understand the concept of exempt and agree that I am. However, what irks me is your statement above, as amended in bold above. What further concerns me (probably still the selfish part) is that my company could lose the contract (and me my job) if Uncle Sam audits and finds out they were billed fraudulently, as hrcjon’s reply implies. Thus the metric system did not really catch on in the States, unless you count the increasing popularity of the nine-millimeter bullet. - Dave Barry "Never go through life saying 'I should have'..." - quote from the 9/11 Boatlift Story (thanks, sdy for posting it) | |||
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| Oh stewardess, I speak jive.  |
IME, the only one at risk is you if you complain too much. Unless you're some uber specialist who can't be replaced easily, there are probably a dozen people who'd love a shot a your job whether it pays OT or not. It's not at all uncommon for periods of expected free OT to last a year or three. Good luck. I don't imagine this will work out in your favor. | |||
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| Member |
In all contracts that our utility awards, a certified payroll has to be given on a schedule. I am on the job the entire time a contractor is on site. I compare my field notes to make sure the number of people listed is correct, and the money paid to each of their personal is the correct amount for the title of their job. The same goes for the engineering costs. BUT, when the contract is awarded, engineering is a line item that is carved in stone. If your company goes over and there are no changes in the specs, your SOL. Living the Dream | |||
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| Member |
I don't think anything I said can be stretched to cover the issue of fraudulent billing. In addition while I don't think its relevant to the discussion the statement you picked to discuss above is not actually meaningful as you definitely are being compensated for all the time you work. It might not vary by the hours but its compensated. For this question to have any chance of realistic contract analysis would mean that you would have to reference the actual contract. There are an unbelievable number of FAR's as well as contract types and contract specific terms. There is no generic version. And some of the examples and comments above seem to be from commercial examples which are simply not relevant. “So in war, the way is to avoid what is strong, and strike at what is weak.” | |||
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| Little ray of sunshine  |
How your company bills the customer (whoever it is) and how they pay you are two different things. They can bill you by the hour to the customer, and pay you "by the salary." To my knowledge, there is no reason the two have to be the same. If you are an exempt employee, that is the way it is. The regulations on who is exempt and who is not have been tightened up a bit, so be sure you should be exempt, but as an engineer, I would guess that you are properly considered an exempt employee. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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