Can my manager stop overtime IF our company CEO sent a memo authorizing it? How do I proceed?

Question

I work at 1 of 26 company owned stores. Our manager is a tightwad and says we aren;t getting the OT that the CEO memoed to us Thursday. I was looking forward to the extra $. How do I handle this without rocking the boat?

Answer 1

This is a really difficult problem to resolve if you truly don't want to "rock the boat." The Wage and Hour Division of the US Department of Labor, the agency responsible for enforcing overtime laws, can intervene at your request, but traditionally gives "anonymous" complaints a lower priority than those by an individual willing to allow the use of his/her name and information on his/her behalf. However, there is a two-year statute of limitations under the Fair Labor Standards Act (FLSA), the federal law that establishes overtime pay requirements. That means you have up to two years from the date you earned it, to file suit to collect your additional OT pay. So, if you found a better job next month, you could still sue for back pay, for up to two years.

You could try going in to your manager and "playing dumb," like saying, "I could've SWORN it was against the law to not pay overtime if it is worked - something about the FLSA requiring it? Would you mind if I called HR just to verify that this is going to be OK? I'd HATE for the company to accidentally get in trouble over this..." or something like that. Or, you could try calling your HR or company HQ, or your manager's boss, anonymously.

You could also try calling the Wage and Hour Division, toll-free, at 1-866-4US-WAGE. They have investigators there who may have some additional advice or ideas you might try. Or, if you are willing to rock the boat eventually, you could always file a complaint with them and prompt an investigation. If the WH Division investigates and finds problems, they would collect back wages not only for you, but also for any other company employee who was similarly affected. So you might have to be the "sacrificial lamb," so to speak, but everyone else would benefit. There are provisions in the FLSA that prohibit an employer from taking any adverse actions against you because you initiated or cooperated with an investigation, but those tend to be difficult to prove...still, maybe a strong warning from the DOL might be enough to protect you and send the message to your employer that he can't cut costs by cheating his employees.

Hope this helps - good luck!

Answer 2

If you are not getting the OT pay, I am assuming you won't be working overtime. YOu can't work overtime and not get paid if it was in your contract. Usually people with stated salaries don't get paid for overtime. Hourly employers would. A company is not obliged to offer you overtime hours, but they can't make you work overtime and not pay you, unless you fall into the categories mentioned before.

Answer 3

See http://www.dol.gov/dol/topic/wages/overtimepay.htm

If you are covered by this law, which you probably are unless you're in management, then overtime pay is mandated by federal law, it's not just an option for the employer. The rules for what must be paid as overtime are on this website.

You could mention this to your manager