I am paid 9.00 an hour and any hours past 40 hrs a week is considered carry over hrs. for sick time or slow times at work( still work40. My carry over o/t hrs this year is about 800. To prevent paying o/t I have to use a regular hr. if sick or not work. I have been doing this for several years. They just resently brought some one else in and paying him a salary, and he has been given my duties. The management than told me to take 2 weeks off to catch up on o/t. I complained about my hrs. and no o/t some time ago. I think they are tring to work me out without any problems. What can I do and where do I go for help and cause them a problem. I have a lot of o/t that hasn't been covered THANK YOU
2007-02-01 10:23:28 · 7 answers · asked by john 1 in Business & Finance ➔ Careers & Employment
You should probably contact the wage and hour board, and see what you can do to get that overtime payback. However, I can't really help you out, because I don't know what kind of work you do, whether you are exempt from overtime or not. Most likely, you are not. You should talk to the wage and hour board. You may have to settle this in small claims court.
2007-02-01 10:28:38 · answer #1 · answered by Tikimaskedman 7 · 0⤊ 0⤋
This sounds illegal and you should consult an employment attorney.
Specifically, the Federal Department of Labor states that if you work overtime, you must be paid at a premium rate - typically 1.5 times your standard rate.
Having them accrue this time for sick or slow work is NOT paying you at this premium - they are paying you the standard rate. If they are telling you to take 2 weeks off to catch up then they should only charge you 53 hours against your over time, or pay you 1.5x your current salary ($13.50 per hour)
They are most definitely trying to get you out so you quit (then you cannot claim unemployment). However, it sounds like they are violating the law - check with an attorney because they could be liable for damages (serious ones).
I have included a link in the sources section of my answer for your reference.
Good luck.
2007-02-01 18:42:28 · answer #2 · answered by adreed 4 · 0⤊ 0⤋
If you are an hourly worker you must be paid 1.5 times your hourly rate over 40 hours. Comp time in not allowed for non-exempt workers. You will either need a lawyer or you can make a complaint on your own. They have to pay overtime if you are hourly. Note: You can not be fired for filing a complaint to uphold your rights. Good luck!
2007-02-01 18:34:24 · answer #3 · answered by E-Razz 4 · 0⤊ 0⤋
They may be breaking the labor laws. If you are a non-exempt employee, they have to pay you overtime. They cannot substitute "comp" time in order to not pay overtime.
http://www.dol.gov/dol/topic/wages/overtimepay.htm
Hope that helps
2007-02-01 18:29:12 · answer #4 · answered by jamferris 2 · 0⤊ 0⤋
talk to a lawyer... someone is bound to want to jump on that, or they will of course tell you that it isn't worth it. nevertheless, lawyers work for a percentage in suits like this, and if it seems like you are due (which I would guess you are), they will get all over it.
2007-02-01 18:27:14 · answer #5 · answered by Revel 2 · 0⤊ 0⤋
Contact your state labor board.If they can't or won't help then get in touch with the Federal labor board.
2007-02-01 18:34:36 · answer #6 · answered by txpilot 3 · 0⤊ 0⤋
It sounds like you are on you way out. Look for new employment stealthily.
2007-02-01 18:28:03 · answer #7 · answered by Captain 3 · 0⤊ 0⤋