I am going to try to keep this as brief as possible! I have been employed by a small, family owned business for just a few months. I am a direct care worker in a residential group home for seniors. After reading through the DOL website many times, I believe the owners are violating many wage laws. The majority of their 15-20 employees are paid hourly, but they pay the staff who work overnight shifts differently. First, they classify me as salary, which is not appropriate nor do I meet any of the requirements to be salary and or exempt. When I work an overnight shift, which is 8pm to 9am I am paid $100. That equates to $7.69 per hour. When I work any other shift, I am paid $12 per hour. My normal schedule is 3 overnights plus an additional 8 hour shift in the evening. My gross pay is $396 weekly. Does this violate minimum wage laws as I only make $7.69 for 39 of my 47 (or more) hours per week?
They do not pay overtime to anyone. The "hourly" employees get a separate check for anything over 40 hours. and it's for their regular pay rate, not an overtime rate.
They just began paying everyone "on the books" about a month ago. They use a national paycheck processor, and I am curious is that company has any obligation to either inform the owners that they are violating laws, or report them? Before this they had an accountant who simply issued checks, no taxes or anything. Surely they know what they are doing is illegal?
Should I attempt to resolve this issue by speaking to the owners, or just file a DOL complaint? I am new here, and I am concerned about retaliation, especially since they don't seem to be concerned about violating these laws. Any advice that you can offer will be greatly appreciated! Thanks for your time.