I work over 40 hours and get no over time. Isnt that illegal?

Question

I work for a company where I constantly get more than 8 hours. The least amount of time I have worked was 40.86 and the most 95 hours. Not once have I recieved over time. I called and asked the company and was told they only pay straight time, so I looked online and found out it was illegal to do that. So I talked to some of my co-workers and they said that if you complain, if you go to the labor board, or do anything for overtime you will get fired. How do I go about getting compensated for my time worked if I cant afford to get fired right now?

I work for a major microchipping company in California (they makes chips to put into pets). I do customer service and data entry. The only thing I signed when I was hired was the W2 form for taxes. I get paid bi-weekly and the least amount of hours (on a full pay check) was 80.46 and the highest was 95.??. When I called and asked about over time I was told they only paid straight time, but when I looked that up online it said it was illegal. I asked my co workers about it and they said everyone who complained has been fired. The problem is I cant afford to get fired right now, and I am not sure who to contact.

Answer 1

It depends on the type of job that you do. Some jobs are exempt and some are non-exempt. If your job falls under the non-exempt status - then yes...it is illegal for them to not pay you overtime.

If you file a complaint and you are fired...then you can sue them for retaliation. That is illegal as well.

If you file a complaint with the labor board they will come in and audit your company's records for the past 7 years. They will then make the company pay anyone that they wronged for that entire time period.

You should call the labor board and ask some questions...you don't have to file a complaint unless you find out you have a case.



I just read your additional information - your job should definitely be non-exempt - you are entitled to overtime. Call the labor board...the company can not fire you for that. It will get them into more trouble - and it will make your case stronger. There's always unemployment if you need it...but I have a feeling you won't. Make the call....there's no harm in that. You can make it anonymously - at least you'll find out the facts...then you can decide if you should go through with the complaint.

Answer 2

the company you work for would be stupid to fire someone who would have such a good lawsuit...they do need to pay you overtime, but there are always exceptions.
I suppose if in the employment contract they made note of the fact they only pay straight time, then they can do so....but that would be an unfair contract, and you could probably fight that too.
If you are a salaried employee...then the rules are different. Overtime applies to hourly employees only, I believe.

You could contact a lawyer, or go to human resources, or the better business bureau...
even if you do lose your job, you would probably have a case against them....and would it really be so bad? working 95 hours a week and only getting paid for 40 sounds pretty rotten to me....
good luck to you and your coworkers.

Answer 3

The law states that you can file a complaint for unpaid wages and that the employer must compensate you without reprisals. If the company takes any action against you, you have the right to file suit against the company for wrongful termination.

If you can't afford an attorney, find one that works pro bono (free) usually through a public assistance organization or one that will work on a contingency basis (meaning work for a part of the settlement without any upfront fee). Lawyers usually get 30% of the settlement.

Answer 4

go to the labor board. it'll be anonymous and basically they'll trash the HR dept's records and look for stuff to nail them on. I had a similar deal happen to me but everyone else I was working with was like, "don't say anything or we'll all get fired." screw that. I called and in like two days they came down and scrutinized the workers logs and payroll records. everyone got paid their overdue OT and the company took a major shot from them and had to pay big fines. Don't take that sh*it AT ALL. you earn your money, don't let them try and screw you over.

Answer 5

Threaten to go to the labor board and tell your employer that you are aware of your rights. Tell them if they do not compensate you for your overtime that you will proceed with filing action against them. Make sure you have your pay checks and time cards so you have a record of your overtime and lack of overtime pay if you do decide to take action!!

Answer 6

contact your local/state labor department, each states have diffrent labor laws, if you did not sign any contract, they can help you, if you did, read it carfully. if this company has a human resource dept, contact them, ask them to provide you with a employee handbook and any other info they might have just to confirm why they are not paying over time, in most states overtime is required, how they pay it is a diffrent story, time and a half, full time, depends,,,, best bet would be to contact your labor dept, every state has one, they will give you all the correct info,

good luck

Answer 7

I would talk to your bosses first, maybe they would be willing to include those extra hours in your next paycheck. Then I would go the labor board.

Answer 8

If you quit you will need to sue,if you got record you wuill win all the paybck for overtime..threaten them first but make sure you got proof

Answer 9

40+ hours of work? im speechless, thats y im typing. omg 40 hours. and 95 hours, how do you stay awake for 4 days??? i hope you are really making a lot of money, im srry that i cant help you, but good luck. :(

Answer 10

Nope. and despite if it replace into it does no longer make a distinction. in case you want to maintain your activity you do as you're advised, in any different case they'll use any excuse to do away with you. while you're unwilling to artwork extra time and somebody else IS keen, who're they going to wish?