Im an Nursing assistant taking care of this guy at his house and he has me working 60hrs a week and will not pay me time and a half for overtime. He says he doesnt have to pay overtime because he is concidered a health care employer and he has 4 or less people working for him. I thought every employer had to pay overtime for more than 40hrs a week.
2006-07-01 02:16:16 · 3 answers · asked by Chris s 1 in Business & Finance ➔ Careers & Employment
you can check with your department of labor, laws vary from state to state. However you are not talking about a small amount of extra hours. You can tell him you are only available for 40 hours a week. And he can hire a second person for the additional 20 hours if he doesn't want to pay you overtime.
2006-07-01 02:31:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I believe that you are correct, if you are considered to be an hourly employee. If you are paid a salary, you could be considered "an exempt employee' and overtime doe not apply to you.
But let's see if he is considered to be your employer:
1. Do you have a written employment contact with him that tells you your pay rate?
2. Does he give you a W2 form (wage statement) each year for your taxes? Then you are considered an employee.
3. Does he give you a form, 1099 to file with your taxes? Then you are considered to be an independent contractor and he does not have to pay you overtime
4. How do you pay your federal and state income taxes? If you file your own tax payments quarterly, then you are not his employee, you are an independent contractor.
If you are working for him and he is paying you by cash or check, and you are not reporting/paying taxes on your income, you are totally stuck with the situation and are powerless to do anything legally.
For further information, you best bet is to contact the Department of Labor for the state where you live.
2006-07-01 09:31:00 · answer #2 · answered by ps2754 5 · 0⤊ 0⤋
check with the department of labor.
2006-07-01 09:20:54 · answer #3 · answered by kalbo 2 · 0⤊ 0⤋