I have started asking questions this past week and have not gone anywhere with the DOL. I am trying to find out if I am an exempt or non-exempt employee and if I am non-exempt, how would I go about getting back pay?
2006-09-20 18:18:17 · 13 answers · asked by Shelly 2 in Business & Finance ➔ Careers & Employment
I filed for overtime through the Dept of Labor once, and won. BUT the law/definition has changed about exempt and nonexempt and I couldn't tell you how it stands now. But DO be persistent with DOL and DO contact the Attorney General's office in your state.
I went through the same thing and it wasn't all about the money, it was about feeling used and never knowing until I quit. It is an awful feeling.
The other poster was right, do not tell anyone what you are doing or they will find a way to drive you out of there.
2006-09-20 18:40:16 · answer #1 · answered by mickeyg1958 4 · 0⤊ 0⤋
Go to the state Board of Labor and Industries. They are the regulatory agency for state companies. The attorney general's office is another resource. The basic difference between exempt and non-exempt employees is that the exempt is paid a salary and is usually in a managerial or supervisory level. They are considered to be critical employees and so are not bound by the labor and hour laws. That is why the term for exempt. So if you are receiving a salary-you are out of luck, especially if you are supervisory or managerial. If you are paid hourly, then the employer is required to pay time and a half by law for any time worked past 40 hours a week. Some skate by this by averaging the hours over a 2 week timeframe-it is real borderline and only quasi-legal. Hope that this helps
2006-09-20 18:25:01 · answer #2 · answered by mcdomnhal 3 · 0⤊ 0⤋
it depends on the law you feel they are breaking. The exempt laws are kinda confusing. If you send me a email with what they are doing- i most likely will have an awns er for ya.
I am in the process my self in Connecticut- fighting my previous employer, because he didn't pay me over time. I was pissed so i reported him. I also had known that he did this to many others. Well now the state is sewing him for 32,000.00 HAha!!!.. That doesnt include any fines from the goverment...
2006-09-20 18:22:23 · answer #3 · answered by mikey 3 · 0⤊ 0⤋
If you are in the U.S.A. your state should have a government toll free 800 number you can call for employee & labour related queries and grievances. If you are Canadian there is an employment standards act that is enforced nationally and toll free numbers to reach government employees who explain employees benefits and rights.
I'm sure that your employer is under legal obligation to provide you with your employment status, and can be fined for not disclosing that to you.
Most businesses retain chartered accountants, payroll accountants or a human resources manager to administer and manage firm financials and payroll. Contact someone in this line of work, even if it isn't your firm. Employment paralegals should also be able to clarify your enquiries. I hope you are successful.
2006-09-20 18:38:34 · answer #4 · answered by Alice In Wonderland 1 · 0⤊ 0⤋
The trust is gone. You obviously don't think that your employer is paying you fairly. It's time to recognize the obvious, and do the honorable thing -- quit.
In my experience, 99% of the DOL complaints never pan out, and the employer just fires the person who made the claim. I know, they're not supposed to fire you, but you know how they're gonna treat you.....
Sooo... quit.
2006-09-20 18:29:48 · answer #5 · answered by geek49203 6 · 0⤊ 0⤋
Try the DOL website or go into a local employment office they may be able to help you .
2006-09-20 18:26:37 · answer #6 · answered by NotSoTweetOne 4 · 0⤊ 0⤋
I would suggest calling your local FBI phone number if your employer is breaking the law. If it is not the FBI who handles an employer breaking the law, they would know who should get the information.
Be very secretive who you speak with at work. Do not let them know what you know. You need to make your telephone calls during your lunch hours, or take off early to take care of this situation.
I hope it all works out for you.
2006-09-20 18:24:22 · answer #7 · answered by son-shine 4 · 0⤊ 1⤋
Well I'm assuming that you don't have a specific payroll department that can help, and since the labor board is giving you the shaft i think you need to seek legal help, but this could get expensive, sho just try calling an attorneys office and asking for advice, they can't charge for advice, good luck!!
2006-09-20 18:21:27 · answer #8 · answered by mo-z 3 · 0⤊ 1⤋
If you were hired as a salaried (exempt) employee and you accepted the job, then why are you belly-aching now?
If you no longer like the job, find a new one.
2006-09-20 18:22:08 · answer #9 · answered by ValleyR 7 · 0⤊ 1⤋
There is a difference between rule and law. First be sure if the rule is being broken or law? Rules include office procedure and modus operandi and law is public law equal for all irrespect of caste color or creed.
2006-09-20 18:22:22 · answer #10 · answered by har 3 · 1⤊ 0⤋