My husband is an engineer.Sometimes he works extra hours and his company won't pay him over time. Is it against the law if an employer won't pay overtime when the person has alot of extra hours?
2006-08-11 09:52:46 · 5 answers · asked by oneredhotmama09 1 in Business & Finance ➔ Other - Business & Finance
He works hourly
2006-08-11 10:06:24 · update #1
Overtime laws vary from state to state. If your husband is an hourly employee (not salaried), then it's probably illegal for his employer not to pay him the overtime rate (usually 1.5).
In California (where I live), overtime is paid for any amount over 8 hours in a given day, and any amount over 40 hours for the week. So if you work 10 hours in one day, you get paid for 11 hours (even if you didn't work at all the rest of the week).
You'd have to check on your state's labor laws and how they apply to your husbands employment status (hourly, salary, independent contractor, etc.) to know for sure. But it certainly sounds like he has a legitimate case to make.
2006-08-11 10:00:47 · answer #1 · answered by Dave C 2 · 0⤊ 0⤋
It depends on the state. Some states have laws where you get paid overtime after 40 hours of work, so you may work 3 12hour days and still not be eligible for overtime. Other states you have to work over 8 hours in the day then the OT kicks in. So depending on the state you and your live in, and his status - salaried, hourly or contractor. Without this information, it would be difficult to offer you any advice.
2006-08-11 18:03:15 · answer #2 · answered by Finance Pro 2 · 0⤊ 0⤋
Not if he's salaried.
Salaried means he gets x per year and his work description is
"do whatever it takes to get the job done... and by the way... we define the job."
It is patently unfair.
The employer dangles the carrot of security in front of the employee (never has to wonder whether there will be enough hours to fill in) and gets to do as they please with him.
That is why many people opt for hourly contract work. I did this and boy, if you ever want to see someone chase you out after hours - that's the way to do it.
There are drawbacks to both salaried and hourly. I'd suggest he find another job with a company that respects his time and his family. They are out there. Not all companies are abusive in this way.
He's hourly:
Ok, take back everything I said.
Against the law - probably, unless the employer feels that they can make a case against your husband - for example, goofing off during working hours etc.
He's being suckered in a bad way. No one in their right mind works for x per hour and then let's them choose which hours they will pay.
Tell him to get a spine.
2006-08-11 16:58:48 · answer #3 · answered by Salami and Orange Juice 5 · 0⤊ 0⤋
It could be against the law. Many companies erroneously classify employees as exempt from the FLSA and avoid paying overtime.
Check out this link, and then there are state laws that also apply.
http://www.dol.gov/compliance/laws/comp-flsa.htm
http://news.com.com/Electronic+Arts+faces+overtime+lawsuit/2100-1043_3-5450316.html
2006-08-11 17:19:48 · answer #4 · answered by BluedogGirl 5 · 0⤊ 0⤋
No, it's not against the law. If he receives a base salary and is classified as a nonexempt employee he is not paid overtime. Now, if he is paid by the hour... he should get overtime. HTH!
2006-08-11 16:59:09 · answer #5 · answered by joencrystal 3 · 0⤊ 0⤋