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Need Advice overtime law

Discussion in 'Jobs and Help Wanted' started by overlander, Jan 5, 2009.

  1. overlander

    overlander New Member

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    Can anyone advice me of any law if an employer says " your OT hrs are considered".. but did not pay for those hours?

    Is it legal to have the employee sign that OT will not be paid?

    What are my options if I signed, but later on orally told that I will be paid along with bonus.. and given some bonus """considering the hours""" but not actually paid for the hours???



    Thanks
     
  2. flynnibus

    flynnibus Well-Known Member Forum Staff

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    depends on how they classify your role.. exempt or not. Exempt employees are edit:not garunteed overtime pay. Challenging that will depend on what your actual job and roles are.

    Most professional office type people are exempt roles.
     
  3. KTdid

    KTdid Well-Known Member

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    Exempt does not get overtime and they're usually professional salaried positions.
     
  4. T8erman

    T8erman Well-Known Member

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    Exempt from the Fair Labor Standards Act (FLSA). Overtime can be paid to exempt employees but as Flynn stated it depends on your contract or if a contractor, your Statement of Work.

    My wife typically works more than 40 hours a week but she will only ever get paid for 40 as she is a true salaried employee.
    Gov't employees who are GS-15 and higher must donate their first 8 hours before they are eligible to get OT. And any OT that is paid to any employee cannot be paid at a higher rate than a GS-10, Step 2.

    I am an exempt employee but due to the nature of my work (24x7, longer days due to priorities) I get OT.

    Check with your HR department for your status and regulations.
     
  5. overlander

    overlander New Member

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    hmm I am not a contractor . I am an employee... But back in Feb last year, there is a oral commitment from my boss ( after fighting with HR etc) that every hour of over time worked is paid. Today my boss still agrees that but still says she was told that " considering the hours of OT you worked " ..... but that bonus is no where near the one-to-one match for the hours of OT worked..


    I will call DOl and see what advice they will give
     
  6. Ozgood

    Ozgood Not a space alien

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    Well oral agreements are not worth the paper they are written on :)

    I would get with your HR department and get a copy of the company policy concerning Overtime. You will need that if you wish to challenge.
     
  7. latka

    latka Active Member

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    Federal law goverrns overtime. You can not agree to waive overtime is you are a non exempt employee.
     
  8. overlander

    overlander New Member

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    Update:

    I called DOL , they said I should get my money and DOL will work and get that for me and gave me a number in Baltimore office to call and give details.
    The only information they asked is the kind of business and the location. I also asked if the document I signed to waive OT is valid. He said the company should not do that and that it is not valid anyway. He also said that my details will be kept cionfidential if I want to.


    I did not call baltimore office yet.
     
  9. Brassy

    Brassy Hiyah

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    Good Luck!
     
  10. lauralynne

    lauralynne Member

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    Look at a copy of Your Rights in the Workplace by Attorney Barbara Kate Repa, published by Nolo. It has a whole section on the "tests" used to determine if an employee should be classified as exempt or non-exempt. Good luck!
     

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