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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default 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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default 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.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  5. #5
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Employer Not Paying Overtime

    I see. Thank you for the advice.

  6. #6
    Join Date
    Nov 2007
    Posts
    4

    Default 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.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  8. #8
    Join Date
    Nov 2007
    Posts
    4

    Default 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?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  10. #10
    Join Date
    Nov 2007
    Posts
    4

    Default 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]

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