started working said that the HR Recruiter told me the wrong thing and in fact I am exempt and would not be paid for OT?
2007-11-05 13:21:48 · 7 answers · asked by Charles1667 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
I received an offer letter by email and accepted the job verbally but no contract per se.
2007-11-05 13:36:05 · update #1
No, you can't really take legal action.
The HR recruiter might have been talking about a different position, or made a mistake, but remember, not written, not said.
If you take the # of hours worked and divide by your hourly wage and it's less than minimum wage, then you have an issue you can turn into a legal case.
2007-11-05 14:37:00 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You need to call back the HR Recruiter and ask if you are on salary or hourly.
If you are on salary, that exempts you, and they don't have to pay you overtime.
If you are on hourly, that does not exempt you, and they have to pay you OT for every hour worked over 40 hours per pay week.
PS: Alot of people are telling to to contact the Labor Board...do you REALLY think that is the best way to start off a new job or do you think you would be terminated in the first 30 days for raising a stink?
If you don't like the terms of the job, it's easier to just not accept the offer...people are forgetting that IS a choice you have.
2007-11-06 04:27:55 · answer #2 · answered by Expert8675309 7 · 1⤊ 1⤋
Legal action, no. You can contact the Department of Labor if you feel you do not meet the requirements of being an exempt employee, but you will most likely not be working there much longer. Your only real options are to accept the exempt position or look for another job.
2007-11-05 21:26:18 · answer #3 · answered by Brian G 6 · 0⤊ 0⤋
First question, are you truly exempt?
Do you supervisor two or more people, do you make "independent" decisions affecting the business, does your position require a degree (Engineering, Accounting, etc.).
If no, then you are probably non-exempt. Go to web site USGOV, under FLSA (Fair Labor Standards Act).
This will answer all of your questions.
2007-11-05 23:37:01 · answer #4 · answered by Squat1 5 · 1⤊ 0⤋
Document your overtime and wait until the job ends. Then go to the Labor Board with your complaint.
2007-11-05 21:44:23 · answer #5 · answered by ted j 7 · 0⤊ 0⤋
If you do qualify for the legal definition of an exempt employee, then no there's nothing you can do.
2007-11-05 23:35:39 · answer #6 · answered by Judy 7 · 1⤊ 0⤋
What's it say in your contract?
2007-11-05 21:30:40 · answer #7 · answered by dwill 2 · 0⤊ 0⤋