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Employer Not Paying Overtime

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  • 04-22-2009, 09:19 AM
    tripleup05
    Employer Not Paying Overtime
    I recently found out an employee I work with has not been recieving overtime pay. This has been going on for about twelve years with the same employer. I looked up the Fair Labor Standards Act, and to the best of my knowledge, he is a non-exempt employee. He is paid hourly, and recieves a W-2 at the end of the year. He told me he has most of his pay stubs dating back to the beginning of employment. Does he have rights to collect the owed money, or is it too late? What course of action would be recommended? Thanks.
  • 04-22-2009, 10:06 AM
    cbg
    Re: Employer Not Paying Overtime
    In what state is this? It makes a difference what the preferred course of action is.

    No matter what state he is in, he will not be able to recover 12 years of overtime. He should be able to recover some. How much will depend on the state.
  • 04-22-2009, 12:25 PM
    tripleup05
    Re: Employer Not Paying Overtime
    We're in Georgia. I feel bad for the man. He's an older Vietnam vet, and he is the type of guy thats easy to take advantage of. I guess he came to me because he trusts me. Supposedly he asked our boss many years ago about it and was told that the matter would be looked into. Ofcourse, it was not.
  • 04-22-2009, 12:57 PM
    cbg
    Re: Employer Not Paying Overtime
    In Georgia, his best bet is either to file a civil suit or to file a wage claim for unpaid overtime with the US DOL. He will be able to recover for two, possibly three years.
  • 04-23-2009, 05:01 AM
    tripleup05
    Re: Employer Not Paying Overtime
    I see. Thank you for the advice.
  • 05-15-2009, 12:39 PM
    abra
    Re: Employer Not Paying Overtime
    Hello Sir,

    Seems i am kind of in the same situation. I am an hourly employee and i do get w2 from my employer every year. I work 10 hrs per day (2 hours Extra) called Professional hours and get paid 10 straight hours. I am in this kind of scenario from last two years (Jan -2007). Our company use to be in New Jersey and now recently two months back they started showing as head quarters in CA. I do asked couple of times abt the 1 and half time payment about the Extra hours that i work everyday and they answered me that i won't be getting that as its not applicable.

    What is the reason, is that because our company is based in NJ or did i signed some agreement with Company (which i didn't remember). Please suggest what are the various things i need to check before i go check with my employer one more time.
  • 05-15-2009, 01:28 PM
    cbg
    Re: Employer Not Paying Overtime
    The law does not say that you get overtime if you work over 8 hours in a day. It says you get overtime if you work over 40 hours in a week. So working 10 hours a day is meaningless when it comes to overtime. What matters is the total number of hours for the week.

    If you are working 4 ten hour days, no overtime is due. If you are working 5 ten hour days, it is, not because of how many hours you worked in a day, but because of how many hours you worked in a week.
  • 05-15-2009, 01:39 PM
    abra
    Re: Employer Not Paying Overtime
    Sorry wasn't metnioned in my earlier reply abt that. Yes i do work 5 days and 10 hours a day. So its 50 hours per week. But what if i am considered an exempt employee(As they call our 50 hours as Professional hours). How to find out whether i am considered as an exempt or non-exempt?
  • 05-15-2009, 01:52 PM
    cbg
    Re: Employer Not Paying Overtime
    If you are exempt (which is determined by your job duties) then there are no circumstances whatsoever under which you are legally entitled to overtime, regardless of how many hours you work.
  • 05-15-2009, 03:04 PM
    abra
    Re: Employer Not Paying Overtime
    So i heard an Exempt employee can't get paid in an Hourly Basis where i am on hourly.

    [I]What are the guidelines for an exempt worker? A key phrase for exempt positions is that the job must require "discretion and independent judgment." In addition to this soft requirement, there are rules that act as a guideline for employers.

    An employee must be paid an annual salary, i.e., exempt employees cannot be paid an hourly wage[/I]
  • 05-15-2009, 04:18 PM
    cbg
    Re: Employer Not Paying Overtime
    If you are being paid on an hourly basis, then unless you are a doctor, lawyer, teacher, some forms of computer professional, or something of the sort, then you are non-exempt.

    If you are non-exempt, you must be paid for every hour that you work and time and a half for every hour over 40 in a work week that you work. You have no legal expectation of being paid for any time you do not work.

    If you believe that you are being paid incorrectly, contact your state DOL and file a complaint.
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