Overtime Pay: How do I Know if my Employer Owes me Money?
October 5th, 2009. By Kristine B
Yeah, it sounds like a bad Whitney Houston flashback…”How will I know if he…” Whoa there—back on topic. Overtime pay? Good question. So that’s the focus of this week’s Pleading Ignorance.
If you’ve opened a newspaper lately—or looked at virtually any news website including our own recent post on 61 companies with OT pay issues—you’ll know one of the major issues in US courts right now is Overtime Pay—or more aptly, missing overtime pay from a lot of folks’ paychecks. What you might not have known is that overtime laws in the US are not as clear-cut as many people think. In fact, if you’re not getting overtime pay there’s still a chance you should be. How’s that? Read on…
Overtime in a Nutshell
Basically, overtime occurs when a person works more than a set amount of time either daily (over 8 hours in a day), or weekly (over 40 hours in a week). Overtime is regulated by the Fair Labor Standards Act (FLSA) and by state laws. When both the state and the FLSA cover overtime, employers must go with whichever one holds the employer to the highest standards—essentially meaning whichever one provides the most pay to the employee (that’s good news for the employee).
When an employee works more than 8 hours in a day or 40 hours in a week—and let’s be honest, who hasn’t worked that much at some point—the employee is supposed to get 1.5 times her regular wage (that’s the “time and a half” everyone’s always talking about).
So, let’s say an employee makes $10 an hour and works 44 hours in a week. The employee should be paid $10 for the first 40 hours and $15 for the additional 4 hours.
Seems straightforward, no? But it’s not, because not everyone is eligible for overtime pay and that is where things can get kind of tricky, to put it mildly.
Exempt and Non-Exempt Employees
The FLSA says that not everyone is entitled to overtime pay. Confusingly enough—of course the government won’t just be straightforward—they have phrased it so that Exempt employees are NOT eligible for overtime pay and Non-Exempt employees ARE eligible for overtime pay.
Got that? I’ll say it again. If you are not exempt—aka “Non-Exempt”—from overtime pay, you are actually eligible to be paid overtime. If you are Exempt from overtime pay, well, you won’t be getting any extra dollars for all those extra hours you work.
Now, figuring out if you are exempt or non-exempt is a battle-and-a-half, so pay close attention here (although I like to think you’ve been paying close attention all along).
There are three questions to ask to determine if you are eligible for overtime pay. In order to be Exempt from overtime pay (no extra money for you) you must answer “Yes,” to all three questions. Not just one or two of them, but all three. Seriously. ALL THREE.
1) Do you make at least $23,600 per year (or $455 per week)?
2) Are you paid salary?
3) Are your main job duties administrative, professional or executive?
If you said “Yes” to all three of those questions, then you are probably Exempt from overtime pay. If you said “No” to at least one of them, then there’s a good chance you should be getting overtime pay.
Now, here’s the other tricky part (and the reason I used “probably” in that earlier paragraph)—the question about job duties is not straightforward. A lot of people are given a fancy-schmancy job title—like Executive Administrative Manager in Charge of Facilitating Customer Relations, or some such thing. But when you look at what their actual job responsibilities are—maybe they’re customer service people working the phones at a call center—they should probably be getting overtime pay, too. They may think they’re “executive” or “administrative”, but really, they’re not, it just sort of looks like they are from their job title.
But, that’s for another time. In fact, that’s for the next Pleading Ignorance blog post, when I go more in-depth into what the Exemption tests are. Don’t worry; there won’t be a test at the end of this. But, there could be more money for you, if you discover that you should be getting overtime pay and are not.
Next time, Understanding the Exemption Questions: Why you shouldn’t just count on what your employer calls you to figure out whether you’re entitled to some OT pay; and why being “on salary” doesn’t necessarily mean you’ve kissed your overtime pay eligibility goodbye.
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so is what my employer doing legal then? our work shift starts at 6:00am but my employer tells us we must clock in early because clocking in at 6 on the dot would make us late to relieve the other shift. so we have to clock in early but no more then 12 minutes before the hour and then when our shift ends most employees clock out 8 minutes late because we do security so we have to wait to be relieved from our post etc but our employer also says we are not allowed to clock out any later then 12 minutes past the hour otherwise its illegal over time so if i clock out 2:12 I GET WRITTEN UP. i think i understand rounding but im confused also because i always clock in 5 minutes early every day 5:55 am and immediately start working and then clock out late every day 2:08 pm but my pay checks are always a straight 8 hours never 8 hours and 10 minutes etc. it doesnt matter what time i get there i only get paid for 8 hours even though im not on salary. i guess this would make since if an employee clocked in late and it would round the time up but i clocked in at 6 on the dot and was deducted 1/10th pay and written up for clocking in late. im not sure if it matters but we get a 20 minute lunch break paid because we are still considered working because we have our radios on us and arent allowed to leave the property. so is my employer rounding time or trying to get by on the de minimis rule because every morning we have to clock in check out our radios and keys or a vehicle and sometimes report to a guard shack so i guess they figure come in early to do those things and to relieve the other shift but then dont pay us for them?
Hi Jessica, Thanks for your comment! Wow–it sounds a little fishy to me. I'm not too familiar with "rounding" for hourly employees…so my best suggestion is that you might want to have a lawyer review your situation. You can do that here–it's free to you, and no obligation to do anything. There's a form to fill out–it's here. That way a lawyer who specializes in this type of thing–overtime pay lawsuits and law–can determine what's going on in your situation. Hope this helps–let us know how you make out; -Abi
I do not know if you will still look at this. However, when I pplied for my job they ahd it listed as a graphic designer with all these specialty needs. However, after being hired I realized this is not so. in the company our title changed to Image coordinator/processor. However, they still advertise for this position as a Graphic Designer.
Anyway. I fall under production work. There is nothing overly skilled about my job. I remove backgrounds from images (Like you would see on any ecommerce site. You notice the procducts are removed from backgrounds and cleaned up. That is what I do all day long.
My company forced me off site (which I have emails to prove it) After forcing me offsite they demanded I do more work then I do in my normal 8/9 hour day at work. So I have been. they also recently sent another co -worker in my situation an email that states we work whenever and however they want and that there are no real shifts. So If I work and 11 hour day to make my quota (on site 8 hour employees have a lower quota then us.) they can still contact us and tell us to do more.
This happened this week with the other employee. she worked a 1pm -12 am shift (on normal day our base day is 10 hours). Becasue there so many images left over to do she worked from 12am to 1pm with about with a total of 4 hour put a side for eating and very little sleep. They contcacted her at about 3 saying she needed to do a rush folder. She got the message around 5 and told them the what happened.
She was told that we don't have shifts. Whenever there is something that needs to be done we have to do it. In the end She ended up doing the folder, and I helped her with half of it.
What makes it worse is that she was sick and is headed to the hospital today to get checked up.
YES, it is in the email. She states that she is also not feeling well. of course they didnt' care.
Hi Simone, Your best bet on this is to fill out a claim with the details of your situation–it’s free–a lawyer can then review and see if you may have a case. It’s not completely clear by your comment whether you’re a contract (ie freelance or independent contractor) or full-time employee (ie on staff)–and depending on which you are, there are considerations for each. A lawyer can best help navigate your specific situation.
I've been working in my current position for three months now at a University. My job title includes the word "Coordinator" in it but I'm classified as non-exempt, temporary, part-time. When I started my job I was working 56 hours a week and 112 hours per pay period but only getting a paid for 80 hours a week. I was told that I was accruing leave and/or overtime and that I would be paid for such hours after a cycle of five months, after which I would receive and extra check for the amount of overtime hours I accrued. My pay statements only ever show up to 80 hours per pay period in net pay and hours and gross pay never shows overtime accrual or leave time. The reports on the online time and pay system show that I've accumulated over 55 hours of Comp/OT but I'm still not getting paid for that. I'm not sure if this is legal considering every source I've referenced states that employers cannot hold back overtime pay and that I need to be getting my overtime pay during the pay period that I have worked. I honestly didn't think anything of the "five month" system but now I realize that I can't really afford to wait every five months to get my money.
Hi Nicole, It can be tricky to navigate the in's and out's of overtime pay…who qualifies, what types of jobs or work are classified as non-exempt, etc…it may be helpful for you to fill out a claim form with your details and have a lawyer review it to see if you might have a case here (it's free)
Hi I am hoping for little advice. My husband and I are salaried employees and have been at the same job for 10 years. We were sold 4 years ago. The new employers entered a written contract with 2 weeks paid vacation a year. We are more than 80 hours a week and have not received a vacation or the monies. We have been asking for it for the past 7 months and have been put off with one excuse or another. I have health issues and they changed our deductable to 1,000 and the money would be helpful.How can I get the money we are owed.
Hi Peggy, Your best bet is to fill out a form with the details of your situation for a lawyer to review (it's free) to see if you may have a case that a lawyer can help you with;
Thanks for your article. I have a question about legality of a potential employer’s actions. I interviewed with a home-based maintenance company. They advised me that all employees are required to get there every day at 7:30AM and help out around their farm (feed their chickens, pigs, etc) and also help to come up with the work plan for the day (which projects the different maintenance crews will tackle that day).
The employees are not allowed to clock in until 8AM; which, to me, means everyone is working 2.5 hours of overtime a week without compensation. Is this something that is legal?
Thanks,
Jeremy
Hi Jeremy, I'm no lawyer, but I certainly see and write enough about legal issues. My guess is that something sounds a bit fishy here–particularlyl if this is a "staff" position–ie, you're not talking about an independent contractor situation. If you're required to be there (ie AT WORK) at 7:30 a.m., then in my book, that's when work starts. I'm not sure what state you're located in, but you can read more about labor law here and also about overtime pay (and not being allowed breaks, etc) here. If you're already working there, and again, it's a staff position (if they're taking the taxes and social security out of your paycheck, chances are it's a staff position) and you are coming in a half-hour earlier each day to work and only allowed to clock in at 8:00 am, then you may want to look into legal help–and you can find legal help here–just fill out the form and submit–it's a free service to readers and a lawyer specializing in employment litigation will review your details.
I work 24 hr shifts. Anywhere from 4-8 in a row. I do inhume health care, paid from the families estate. I get paid by the shift. I have been here over 3 years, never have I been paid overtime. Should I be getting overtime pay? I work way more than 40 hrs in a week. I also do not occur sick time or vacation. I have no medical benefits or any benefits. If I do not work I do not get paid.
I am a manual labor employee, The "Housekeeper" for a housing complex, and work a normal 40 hour a week job, 8 hr days. my employer holds meetings outside regular working hours, and tells us they are mandatory meetings, and we must attend them. Sometimes these meetings are in an off site location and turn into "parties". Sometimes "Parties" are held onsite or at her home, and she tells us we must attend, attendance is mandatory. These seem to me to be an abuse of her power. Shouldn't the company pay us for our time at mandatory meetings and mandatory parties? Also, she has had us log out and then deliver notices to residends in our complex, and does not pay us for our time, is this legal? When I questionher she gets very angry.
I am an employer. Our policy is that nobody should work overtime unless authorized and approved by their respective supervisor. If an employee fully knowing this, works overtime without authorization.
How should we handle this? the California Law is confusing us by say yes we still need to pay the employee's overtime–then what protection does the employer have for this not happening again in case the same employee still works overtime or then another employee follows suit.
My question is ,What should an employer here in California do to protect itself not tobe liable for unauthorized overtime claims?
Hi, I’m in the same situation with my employees. Please advise me hour to protect myself.
The employee is requesting 12 hour shift, why do I have to pay her over time pass her 8 hours. Can I use a document for her to sign to protect myself?it is a frustrating law.what can I do?
PER FLSA:
It is the employer’s responsibility to prevent employees from accruing overtime if none is authorized. If you suffer (allow through inaction) overtime, you must pay it. The counter is, watch your hours, daily and weekly, and modify the offenders schedule accordingly. Include a writeup stating the schedule infraction and the resulting schedule alteration. (In my co, if an employee goes over time, they get a writeup and an equivalent docking on their next schedule. Policy is “DO NOT GET O.T!” and it is ENFORCED. If they don’t like it… well, there’s the door. I don’t need employees who are going to milk the clock. That said, if an employee is regularly going over time engaging in regular work practice (end of day, cleanup, etc) then it is incumbent on the owner/scheduler to ensure the schedule is modified to allow time for these activities or manage the employees to accomplish these tasks on time.
Sorry shahnaz, I meant to reply to the message above you. For your situation…
Under the FLSA, “overtime” means “time actually worked beyond a prescribed threshold.” The normal FLSA “work period” is the “work week” — 7 consecutive days — and the normal FLSA overtime threshold is 40 hours per work week. Some jobs may be governed by a different FLSA overtime threshold. These will be addressed specifically, below. For present purposes, the discussion will assume employees are regular “40 hour per week” employees.
Unless stipulated, there is no 8hr limit on the workday.
My title is customer service for a sales dept. and all the production is done 45 minutes away which is where I live so I drive 45 minutes with all the stuff to be picked up and delivered that day. My boss claims I'm on salary but my checks show an hourly wage and if I have something to do and miss half a day its deducted from my check. Otherwise I get 40 hours. Anyways I leave the office with everything at 730 and dont return til 600 thats an eleven hour day should I be getting ot since I am bringing material from one site to another which he would be paying someone else to do if I didn't?
Hi takin ad, Well, your situation doesn't sound clear cut–but I'm not an attorney and so can't say for sure what's going on and whether you're dealing with an unpaid overtime issue. It may be worth your while to submit the details of your complaint on the form here: https://www.lawyersandsettlements.com/submit_form… –for an attorney who specializes in labor law to review–can't hurt, could help (and it's free to do so).
I work as a front desk in a hotel I usually dont do that
Much over time but when I do the owner pays all the overtime hrs in cash and not part of my check. I know that there’s something wrong with that. Payroll is not allowed to post more that 80hrs per employee on sheet that is send to a accounted every 2weeks. The hr after 80 whether it be 2 or 10 ect… Is payed cash to employees. Example let’s say I worked 85 hrs biweekly , my check would only have 80 and the 5 will be in cash.
I have a question, my employer says I am Salary Non-exempt. So we are entitled to overtime pay, but what happens is when I do perform overtime the pay is (.5) of my hourly wage. Example: I make $24 an hour, so when I do overtime I only get paid $12 for the overtime hours. Is this legal…? Sounds Illegal.
Hi Latana, You may want to double-check that–overtime pay is usually "time and a half" –meaning that any overtime hours are paid at the rate of your regular hourly rate plus another half of your hourly rate added in; it can sound confusing, but in your example, if you make $24 for regular hours worked, the overtime rate would be $24 + $12 ("time and a half")–so that would come to $36 per every hour worked overtime. First, double check your paystub and your math to be sure. Then, if you still suspect your employer is committing an overtime pay violation, you may want to submit a complaint–as I'm not a lawyer and it's best to let a professional have a look-see! Here's the link for where you can submit a complaint if you'd like: https://www.lawyersandsettlements.com/submit_form…
You are being paid correctly. You have to calculate all hours worked. If you work a total of 50 hours you have to give your employer credit for paying you up to 40 hours worked. Here is a simple formula for you to use when you figure out overtime.
Hourly rate employee is paid x the total hours worked $24 x 50 = $1200 This is your straight time pay.
$1200/50 = $24.00 This is your regular rate
$24×0.5×10 = $120.00 OT due $1200 + 120.00 = $1320.00 is the total due with OT.
I work the front desk at a hotel. I work 50-60 hours a week at only the base pay, no overtime. He says that he will pay what is owed in overtime at the end of the year but everone here says he will not. Is this legal?
Hi Michelle, Yeah, and the check is in the mail, right? Look, who know what your boss will or intends to do, but no, that doesn't sound like a great situation. And chances are, if it's happening to you, it's happening to others as well. If you'd like to submit a complaint for an attorney who specializes in these things to review, you can do so here: https://www.lawyersandsettlements.com/submit_form…
nope, i had an employeer try that..he didn't pay i quit and file with the federal labor board, the got me a check for more than 3 times what was owned because he started the investigation by lying to them…so make sure you file if he flakes…
Good Morning,
I recently switch companies and my previous company i was salary exempt (meaning no OT for me) i was a field service technican and worked close to 100 hours per week. My new company is telling me that it was illegal for my previous not to pay me over time i am unsure if I should file a claim for lost wages. Please help
My annual salary was 48000
THanks
Jeff
Hi Jeff, Probably best thing you can do to try and answer your question is to submit a claim–make sure you add in as much detail and/or background info as you can–for an employment attorney to review. Only a lawyer specializing in overtime law could assess whether you've got a case or not–and if so, you'd hear back from an attorney about it. You can submit a claim here if you'd like: https://www.lawyersandsettlements.com/submit_form…
Hi
I am a sales rep and receive a salary of 25,000 and then get a commission for the product I sell. When I started working her 10 yrs ago they told me the job was mon- fri 8:30-5 and one Saturday a month in which you would be paid overtime for working in the showroom. Well about 5 yrs ago they said Saturdays was mandatory and also evenings with no overtime. So my weekday starts at8:30 and sometimes goes till 8pm. Then I’m also working Saturday. I thought that I would do this in the busy season April – November and then work less hours in the winter. My employer has told me that if I am paying you for forty hours I demand 40 hrs. From you. Most of my sales calls are away from the showroom so I believe that makes me an outside sales person.
Any help would be appreciated
Hi John, Something doesn't sound right here–40 hours is one thing, but from what you're saying, it would seem you often work more than 40 hours in a week. Your best bet would be to have an attorney look at your complaint. You can fill out a complaint form here: https://www.lawyersandsettlements.com/submit_form… for an employment attorney to review.
I worked as a caregiver/direct care worker! I work 40hrs a week our pay days are the 15th and 30 or 31st I get overtime almost always due to being short handed however my company has this crazy rule because of the payday they do NOT have to pay Over time here's and example
Regular Hrs = 89.50
Overtime = 1.25 so you would assume that it would be 9.50 over time correct?
Hi, I am curious and can't seem to find a specific answer as to whether I should be paid overtime. My current employer is a wholesaler and my job title is "Account Manager". Our showroom hours are 8-5 daily and 9-12 on Saturdays. Sundays we are closed. During the week we have to be there at 7:45 ready to go not even 1 minute late. Every Tuesday we have a meeting and we are told to arrive at 7:30. On Wednesdays I start at 9:00 (Everyone gets 1 day late start or early leaving) The earliest we ever seem to leave is 5:15 and if a customer is in our showroom then it's even later. We have a 1/2 hour lunch and while not forbidden, it is frowned upon to leave the building. We are sometimes asked to do things on our own time such as doing a shop of another store. I am told I am a salaried exempt employee and we do receive a commission for anything we "deliver" over $50,000 in a month (which is rare) By the end of the day IF we are able to leave at 5 then we've worked 8.75 hours. Is that .75 eligible?
Hi Patty, Overtime eligibility can be tricky to determine, and it's typically best to submit a complaint for an attorney who specializes in labor law to review. Having said that, much of determination comes down to whether you're classified as exempt or non-exempt–and that is actually not based on your job title or whether your company says you are "exempt"; it comes down to what your actual job responsibilities are. You can see this link for a bit more info on how that's determined: http://www.lawyersandsettlements.com/lawsuit/over…
And, should you want to submit a complaint for an overtime pay lawyer to review, you can do so here: https://www.lawyersandsettlements.com/submit_form…
i been working for this company for 16 years working about 2-4 hours overtime,sometimes more each week. my title is plant manager,but i do everything.My employer told me if i have to pay you overtime i would have to fire you.He's been paying me strait time.I have been saving my check stubs.( i get paid hourly) can i take him to court for back pay.
Hi Jim, You might want to consider submitting a complaint, which you can do here: https://www.lawyersandsettlements.com/submit_form…
While it's lovely that your management tells you that if they paid you overtime they'd have to fire you, the humor is kind of lost when you putting in the hours and not getting compensated for it.
Okay. So I work in a company that does not pay overtime to anyone. But they used to. I work in home services through a company that we will call Com. Com pays us but then we also get paid through Ihss. I believe that they get away with it because they put half of our time on Ihss and then the rest on Com time sheet. But there are several times where Ihss can not cover 1/2 our time. There have been times where I have worked 20 plus hours all on Com time card. Does this entitle me for overtime? We do everything from med passes to cleaning to grocery shopping.
part 1 of 2 Hi, I am wondering if I am entitled to overtime pay for work that I do on my own time. I am a registered nurse in Missouri and work for a home health agency with a hospital in the field, going to patient's homes. I am paid hourly. I am not a manager or supervisor over other employees. I only do patient care. We are required to get a certain amount of productivity which is 5 points a day. Each visit is worth different points. My employer says they do not count our travel time going to each patient's home. They say we should only work 8 hrs a day if we have 5 points. Now, as a nurse, we have a lot of charting and documentation on all patients which is required to be turned in within a certain time frame according to agency policy. I have a lot of charting and phone calls that I must perform. My agency requires very specific charting according to their policies and insurance requirements, which is very time consuming. We must list this time as "nonpatient time" on our timeshets, which they says is considered "nonproductive time" and does not count toward our productivity points.
part 2 of 2 I have found myself doing most of my charting and documentation on my own time in the evenings at home on my company provided laptop. As a nurse, I have a legal obligation to perform this documentation and charting and within a certan timeframe. But, I find myself not having enough time in my 8 hr day to do all of this, because I am doing visits and driving. I have been written up for "not meeting my productivity" and "not turning in paperwork in a timely manner." I was very upset over this write up because I didn't think I deserved it at all and I consider myself a hard worker and a good employee and also a good nurse. They are working with a company that is helping them save money by making financial cuts and making working conditions very strict and unrealistic. Please let me know your opinion of this.
I work for a defense contractor in afghanistan, recently our pay was cut and we were forced to sign new offer letters stating our base pay was cut. It states XXXXX.XX is your new exempt base salary, you will be paid straight pay for 40-56 hours a week. We are currently being made to work 84 hours a week, with no additional compensation. Is that legal just because we are salaried. I mean it even says on the bottom of the offer letter *salary based on a 40 hour work week.
Hi Will, best bet is to submit a complaint and let an attorney review your details. You can do that here: https://www.lawyersandsettlements.com/submit_form…
So my employer classified me as exempt and I'm non-exempt as my primary duty was a truck driver. I had no managerial responsibilities, no budget responsibilities, and no one reported to me. I have been working for this company for two years and they just "eliminated my position" without offering severance. Can I go after them for my back OT pay? I didn't keep good records, but as a salaried employee I was expected to average 50 hours a week.
I am an hourly employee that travels up to 100 miles one way to do work. I have to report in 4 hours before the work starts that I am on my way and then possible work only 4 hours while I am there then drive back 2 more ours which is a 10 hour day. If I only work 2 days a week that is 20 hours but the company I work for says they will only pay overtime after 40 hours. Is that legal in California?
I'm a local truck driver who gets paid hourly i work 12 hr. shifts 6 days a week I don't get over-time we have complained about this before filed thru employment rights and still got denide come to find the company said because they something about not that many employees well let me tell you multiple contracts in every states and about DOT just not right.. he has to fight to have 1 day off.
I work for a Turkey Hatchery and at times when there is a high volume of hatches the service department gets held over (at times) 10 hours over their off time. I complained and was told that the Hatchery is considered Farming and they are not required to pay overtime. Is this true?
hi I was a manage at an rv park, on site, on call and my employment was based on a 40 hr work week. I was paid every two weeks, which usually consisted of anywhere from 80 to 98 hours every two weeks. I also did labor on this job, not just the office, Am I exempt or do they owe me for overtime? when on of the other managers put overtime on her time card, it was sent back and she was told they do not pay overtime. Do I have a case?
I work for a house removal company and I work my ass off every single day. There’s times were I start at 6 and finish at 7 maybe 8 and we get a day rate no overtime and we get nothing extra for working the overtime hours I work more than 40 hours a week and looking at it I don’t even get minimum wage if I was to get paid hourly ? Can someone help me because I want this have something done about this ?
Question: when i am hired for a position (non-uniform) which is salary and I work overtimein that position, I fully understand it falls under my salary. Now if my employers asks me to fill in after hours for another position (hourly and uniformed) and they bill that position to the client I work for; should I or should i not be paid for it?
Okay i work part time at Harris teeter and this week i was scheduled 5 days in a row, my manager told me if i leave after 9:30 im getting a write up because i went over my scheduled hours and i have no control over when i leave so if i get written up is that illegal?
13477421587 call me any time getting screwed couple years now no over time when I work
Hello. My husband is currently employed by a man who owns many smaller companies. His buisness cards and official title is Shop Manager for a restoration company that specializes in classic cars. My question is this, he works 45 hours a week, the overtime is mandatory. He is not salary and is not being paid overtime. I know we need to file a complaint with our states labor board regarding this but the sticky part is his boss has him listed on tax returns and the companies payroll as a truck driver. My husband has never been a truck driver for this company or any of his employers companies, in fact he doesn’t even have his cdl. I believe this is how his employer has been getting away without paying him overtime. How are we to report the incorrect classification of his job title?
I have a question regarding the THREE Questions asked to determine if one is exempt vs non exempt. When you say SALARY, does that mean you get paid even if you have a Dr. appt? Our company states we are salaried but no where does it state on our paystub “Salaried”, however if we have to leave early for say an emergency, we get docked the time and thus our paycheck is reduced. I am a high payed employee in Florida… so am I really salaried? When we get a raise, they state “It is how $63.25 an hour” This company that we work for is always telling us to make up the time, and refuses to pay us, however we can never make up time because there is NO overlap.. It is just horrible
Hey my name is Jorge and Useto work for an Electric company and did more then 40 hours a week I’m sure of that and I never got paid over time, the guy in the company doesn’t pay any1 over time and the day start at 6 am and it ends around 9 pm so like you do an see it a lot of hrs on a day, I got fired cause I refused to work on a Saturday because I didn’t have any1 to take care of kids, I live in Maryland I wanna know if there’s Anythin I can do ?
i need a lawyer to get my money
I have a question. We recently got bought out by a new company and our pay period is the 1st-15th and the 16th-30th or 31st (depending on month). I work Monday thru Friday. The 1st was on a Monday and Friday would be the 5th. That week I worked 43.56 hours which would be 3.56 hours O.T. the next week that I worked was Monday 8th-Friday the 12th = 46.21 hours and 6.21 hours O.T. the Next Monday would be the 15th, which is still part of the pay period. That day was a 10 hour day. Total hours worked 99.77. My question is, the 15th that happened to be the start of a new week, will those 10 hours be considered O.T. or regular because of a “New work week”? Will it effect any so called O.T. hours on the next pay period because the “work week” would be cut short on the next pay period 16th (Tuesday) – 21st (Sunday) = only 6 day period till the next week starts? I hope this isnt too confusing and you could possibly give me some advice. I already got my check which they shorted me the 10 hours for the Monday the 15th. So when I go in Idk if I need to make sure those 10 hours will be paid at x1.5 or regular. Please help. I live in A.Z.
I am employeed autobody tech at a motor freight facility. I am hourly paid. I am not paid ot and work straight time. I swipe and punch a time clock. They stopped paying us ot about 2 years ago. The compay says its a motor freight vehicle law. I even called flsa and they asked who do I work for and they said I dont get ot pay. ??
Ok say I work 86 hours in two weeks I get a half hour unpaid lunch break were do the company take the unpaid break from my 80 hours or from my overtime hours?
I haved work for.over.two year with my boss now ,and i get paid 11 dollars a hour ,work 44 hour total,36 hours on the books and i work 8 hours off the books,i nver been paid overtime,i wo a retail salesman f
So I have been working 10 hour shifts with no break. They recently told me that they are going to take away one hour from each shift for not clocking out. I just wanted to know if that’s okay? Because how I see it is that they are stealing one hour that I worked from me but I would like your opinion please and thank you .
An hour from every shift I mean, sorry.
I work in sales department at s boutique hotel. I worked 70 hours last week and am not getting paid time and a half for the over time. Is this right in my industry?
I am a restaurant manager who is a salaried employee. I am required to work 5 days of the week, all days being 10 hour shifts, with no breaks. So an even 50 hours. Recently my employer has wanted us to work 6 days of the week, 60 hours in total. This has been an every week thing since the middle of January and will continue to be until they have management coverage For all locations again. Are they legally allowed to schedule me 60 hours without asking? And legally can I say no and just work my 50 hours?
I work for a body shop my pay is 20.80 an hr our minimum hr pay is 18 dollars an hr so y is it that my overtime is paid off of 18 dollars instead of 20.8 but yet my sick and vacation and holiday pay is based off of 20.8 is this legal?
I traveled to Valley Forge, PA from CA for training. I thought that the corporate office would figure my hours besides the regular 8 hours a day Monday – Friday. I later turned in time cards for the 8 hours once I got back to CA. My boss told me later that corporate doesn’t figure the hours so that I can get paid for them. I was working so to compile the hours would have been more time. It was so busy there I didn’t have time to do it on the clock. I was just “terminated” March 3. I compiled my hours and made a time card and submitted it through email with my “final and correct” hours submitted March 13. Also I am owed overtime I have not been paid. I’m not quite sure of the total amount as I asked for my time cards on March 3 and have not received them. Its been 3 weeks today or 21 days and I’m getting tired of the run around. Can someone please help?
ive in Los Angeles and I work in audio production and some times we have extremely long days. My question is if I start the week with two 20hr shifts, does that put me in overtime for the rest of the week. or is it 8hr per day till 40 is reached
hi there my husband is on a full time salary that’s paid for 40 hours per week. he does concreting so many weeks he works way over his 40 hour salary contract. he has asked to bet paid the over time that he is working but has been advised by his employer that they won’t be paying this. so question… can my husband leave after he has done his 40hours can he go home. many thnks
My boyfriend started a job where they could work 60 hours a weeks. 40 normal and 20 overtime and 4 months later it went down to 48 40 normal and 8 overtime and now they are saying he can’t get overtime is it legal for a company to do this
Yes it is legal. No.company is liable to give over time. Overtime is an option offered to the employee by the company at the companies descrection. Unless that employee was promised it and has a guarantee in writting, the company is within its right to stop overtime option.
I have recently got a promotion at pizza hut I’m now a shift leader they havnt gave me my raise like promisef when finished with learning zone videos we ll I finished the videos and my RGM sent to are area coach that I’ve finished all videos and can get my raise and run shifts eell I’ve been running shifts sinnce 2-9-15 and still havnt recived my raise and also have worked OT and I don’t kno how to go about getting the money I feel they owe me for doing my job as shift leader and still getting paid as a team member can someone plzz give me some suggestions on how to go about this?
Hi. I work as a caretaker for a home health care company. I work with the patient, in the patients home. My shifts are 12 hours long, no designated lunch break, although we can eat in the home. On a 12 hour shift I HAVE NEVER RECEIVED overtime. Also , if in work 4 days, at 12 hours a day, I am only paid regular time, never overtime, even over 40 hours.i would also like to.mention how we are paid, incase that makes a difference. The owner of our company gives our time sheet to the patient whom is receiving the car and they pay us by personal check.
I believe that I am.being mistreated and that I am.entitled to overtime pay. Is that true? Please respond .
Hi,
I have a situation and I don’t know if I should see a lawyer or not.
I worked for a non profit organization(A church), I went on vacation for two weeks but I had told my boss by email that I would like to get the hours that they owed me (81 hours * 13.30) pay. since I was doing comp time but never was able to do it. It just kept adding up that is one of the reason I left. I also asked her to pay me my vacation time and the last two weeks I worked there 15 days * 4 hours per day * 13.30. Well on Sunday I seen her a baby shower and she told me that they aren’t paying me my overtime and I wasn’t getting my payed vacation when I have been there more than 1 year. They still haven’t even paid me for the 15 Days that I worked there. uhh I honestly don’t know what to do at this point.
I quit in April 2015.