Cashing in on Overtime

September 12, 2006, 12:00AM. By Jane Mundy

Santa Clara, CADaniel Kuenzi worked a double shift but his employer refuses to pay overtime. The employer's rationale: the 16 hour shift was over a period of two days.

"I worked the midnight shift." says Kuenzi, "I started my shift at 4pm in the afternoon and finished the next morning at 8am. The California labor law states that anything over eight hours within a working day constitutes overtime. But my employer claims that, if you work 16 consecutive hours on two separate days, overtime doesn't apply.

I am a college student and I got this job at a security company during my school year. Right after this incident, I quit the Santa Clara sight but I am still working for the company - they have sites all over the world.

So far I have spoken to my supervisor, the account manager and then the local HR representatives about getting paid what I am rightfully owed. None of these people have taken any responsibility; they all said they would call me back but that was more than two weeks ago - I haven't heard a word back from anyone. This incident occurred over two months ago.

I heard through my colleagues that this company is notorious for not paying overtime and underpaying people for hours worked. They think they are going to get away with it - they are banking on me just forgetting about it. Although it was a single incident and only worth about $100, I don't want to work for somebody who is taking advantage of me and not paying what was promised.

There is no way they should get away with this. My time is written down with my signature—I have proof. And my fellow employees will back me up; they know I worked 16 hours straight.

You know how account supervisors make bonuses? In this company, they have to keep overtime low to get a bonus. Talk about cashing in on labor. When it came around to paying me overtime they had probably gone over their quota with payroll and wouldn't get their commission.

I am going to make a few more calls today to follow up and see if they have made any decisions. If they keep putting this off, I have no other recourse but to take legal action.