Overtime Pay

Air Bear KC

New Member
I know I'll get alot of people saying " Just be happy that you have a job!" But even in these times of layoffs and cost cutting I wanted to find out about overtime pay as it pertains to pilots who earn an hourly wage.
I've done some research and found that
employees must meet three
tests to be exempt from overtime
pay; 1) employee must be salaried
and not paid by the hour; 2)
employee must earn at least the
minimum stipulated salary of $455
weekly ($23,660 annually); and 3)
employee must perform exempt
duties consisting primarily of
executive, administrative, or professional
duties. This means that employers
must pay overtime to all employees
earning less than $455 per week.
Employees earning more than $455
are only exempt if they either earn
more than the set salary level or

meet the duties test stated above.
While these new rules do not
specifically address the issue of
professional pilots, in the preamble
to these new final regulations, the
Department of Labor (DOL) decided not to apply the
"professional" exemption from
overtime pay to pilots who are not
otherwise exempt. As an example,
most pilots including airline pilots
are exempt from the

Fair Labor Standards Act
(FLSA) overtime requirement under the
FLSA 13(b)(3), which exempts "any
employee of a carrier by air subject
to the provisions of the Title II of
the Railway Labor Act." However,
the exempt status of other pilots,
such as corporate jet and helicopter
pilots, are determined under the
section 13(a)(1). The application of
that section of FLSA to pilots has
been the subject of recent
conflicting federal court decisions.
Because the law is unsettled on
the subject, and due to what DOL
feels is insufficient evidence on the
standard educational requirements
for various pilot licenses, DOL says
it will maintain its position that
pilots paid less than $100,000/year
who are not air carrier employees
will not be classified as
"professionals" exempt from the​
overtime pay requirements.
I've worked salary for a long time and haven't thought about overtime pay.
So I'd like to get other responses on the subject and again, save the "Be thankful" line.
Even though it's freight, the company I work for is still an air carrier. So no overtime for me.
Any company that opperates under 121 or 135 is an air carrier by definition. too bad... I like the sound of this over time stuff!