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  1. #1
    Join Date
    Oct 2019
    Posts
    9

    Default Overtime Pay Violations

    My question involves labor and employment law for the state of: Georgia

    Hello again. On today's payroll we discovered that two employees were improperly paid for their overtime (paid based on the 80 hour pay period and not the 40 hour work week). I asked one of them to go back and pull pay stubs from several months ago that should also have had overtime pay on it, and it wasn't there.

    I believe this to be a willful violation. Am I allowed to report this to the DOL or do they have to do it themselves? Do I give them the chance to correct it before reporting the violation? What does correction look like? How quickly are they required to correct the current paycheck? They said that they will pay it out on the next payroll.

  2. #2
    Join Date
    Jul 2018
    Posts
    2,051

    Default Re: Overtime Pay Violations

    Quote Quoting MrsDeuce
    View Post
    Hello again. On today's payroll we discovered that two employees were improperly paid for their overtime (paid based on the 80 hour pay period and not the 40 hour work week). I asked one of them to go back and pull pay stubs from several months ago that should also have had overtime pay on it, and it wasn't there.
    Who are "we"? Are you a payroll manager?


    Quote Quoting MrsDeuce
    View Post
    I believe this to be a willful violation.
    Because...?


    Quote Quoting MrsDeuce
    View Post
    Am I allowed to report this to the DOL or do they have to do it themselves?
    You are "allowed" to report anything you like to anyone.


    Quote Quoting MrsDeuce
    View Post
    Do I give them the chance to correct it before reporting the violation?
    This is phrased oddly. You'd have to tell us what you do. If your intent was to ask whether you should give "them" (your employer, I assume) a chance to correct it depends on a bunch of facts you didn't include in your post (e.g., how you made this discovery, what business it is of yours, the extent of the evidence that supports your belief that this was done willfully, how much you want to keep your job, etc.). Also, the last three sentences/questions in your post suggests this is a moot point.


    Quote Quoting MrsDeuce
    View Post
    What does correction look like? How quickly are they required to correct the current paycheck? They said that they will pay it out on the next payroll.
    A correction would "look like" payment of the amounts that should have been paid. Is "the next payroll" not good enough for you?

  3. #3
    Join Date
    Oct 2019
    Posts
    9

    Default Re: Overtime Pay Violations

    Sorry for some of the funny wording.

    I am a tax manager in charge of the workload of one office. "Jane" would be one of the staff level accountants and "Julie" would be my admin. Jane came to me this morning and said her payroll was calculated incorrectly and she was going to email the payroll person to let her know. She let me know so that I'd be prepared for backlash. Julie figured she should double-check hers as well and found it wrong also. She went back to the beginning of the year and found several wrong.

    Employer has agreed to pay the difference of this payroll on the next paycheck. Still waiting on the rest of the year.

    I'm sorry I'm pretty frustrated for a lot of reasons. I don't have anything to prove willfulness. That was really just emotion talking. In reality, the person handling payroll is overworked, overwhelmed, and tired.

    And no, I don't care if I'm fired for making a DOL report. I just wasn't sure if I could do it since it doesn't actually affect me at all. I want to be the one to do it to bear the brunt of any retaliation. I can weather it better than they can.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,051

    Default Re: Overtime Pay Violations

    Doesn't sound like you have any good reason to report anything, and it sounds like your employer is in the process of taking care of this very recently discovered mistake.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,157

    Default Re: Overtime Pay Violations

    agree it sounds like as soon as it came to the attention of the employer they are correcting it...I don't see that as "willful".

    I dont' see where you should report anything as it sounds like a correctable mistake.

    In the end you might suggest the payroll employee take a class on state and federal payroll/wage laws.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Overtime Pay Violations

    You are in Georgia, which means the state DOL will refer you to the Federal DOL. Although unlike some of its neighboring states Georgia does have a state DOL, a sometime poster here has described it as a post office box where no one ever picks up the mail.

    The Federal DOL will be less concerned with OT being paid incorrectly than in wages or overtime that is not paid at all. As soon as they learn that the employer is in the process of investigating and making a fix, it's likely they will close the investigation. They don't have the resources to do deep investigations where action to fix the problem is already underway. According to one seminar I went to, as long as the Feds can see that the employer is trying or has tried to make things right, they'll take their limited resources to an employer who ISN'T making any effort and will have to be fined into submission.

    So report it if you feel you must, but don't expect much if any action.

  7. #7
    Join Date
    Oct 2019
    Posts
    9

    Default Re: Overtime Pay Violations

    Pretty ugly around here this morning. My admin is getting screamed at for double-checking her payroll numbers, having her job threatened, being accused of inflating her hours, and answering the phone at 8:55 instead of 9:00.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Overtime Pay Violations

    Unfortunate, but does not change the options or the reality.

  9. #9
    Join Date
    Oct 2019
    Posts
    9

    Default Re: Overtime Pay Violations

    So I just got out of a meeting with the owner and was informed that "Jane" is exempt hourly, not exempt salary and because she is exempt, even though she is hourly, he is not required to pay overtime. Can someone confirm the accuracy of that please? I'm not finding it.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,235

    Default Re: Overtime Pay Violations

    Unless Jane is a lawyer, doctor, teacher or high level computer expert, the boss is full of it.

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