Employer not paying time & a half for overtime…vent

posted 3 years ago in Career
  • poll: If YOU were in my SO's position, would you approach your employer about the issue?
    Absolutely, they are breaking the law : (20 votes)
    61 %
    Maybe : (7 votes)
    21 %
    No, I would be afraid they would fire me (also illegal btw) : (1 votes)
    3 %
    No, it's not a big deal : (4 votes)
    12 %
    other : (1 votes)
    3 %
  • Post # 3
    Member
    6279 posts
    Bee Keeper
    • Wedding: October 2013

    i would bring it up with my supervisor and question it. 

    Post # 4
    Member
    1287 posts
    Bumble bee

    Does she have a time clock system where she clocks in and out for her hours? that’s the only way to prove to HR that she worked those  hours. HR should have record of that and the hours paid in her checks every month. She should go talk to someone from HR, or a simple email to them would resolve the issue. 

    Post # 5
    Member
    11740 posts
    Sugar Beekeeper
    • Wedding: November 1999

    I think it depends on a lot of factors.  My company does not pay time-and-a-half for overtime, salaried or not.  It’s something in the tax code that allows them not to.  Have her talk to someone in HR or Payroll to see what’s up and if she’s entitled to the extra pay. 

    Post # 6
    Member
    1140 posts
    Bumble bee
    • Wedding: October 2013

    They should owe her back pay for all the OT hours she worked! She needs to talk to her super

    Post # 7
    Member
    2675 posts
    Sugar bee
    • Wedding: May 2014 - Madison, WI

    Is it written anywhere that she is owed time and a half for any and all overtime? Is overtime defined? I’ve worked places where OT is sometimes anything over 8 h/day, other places it’s over 40 h/week some places it’s over 80 h/pay period etc. Same with getting paid for OT it has always been spelled out. It also for me usually has to be per-approved before they’ll pay you for it.

    This is not uncommon I feel as I know lots of people (hourly) who work overtime and get NO compensation for it. They’d probably be happy getting their regular rate as opposed to nothing (not saying either is right). They’ve tried to argue it and fight it and to resolve the issue the employer just made sure they had to get their work done without overtime. They won’t approve any OT saying it is unnecessary.

    Most of the time I cannot get approved for paid OT either, at best they will approve me to “flex” the time. So if I work 10 h one day I can leave 2 h early another day. Most of the time this works for me, but sure we’d all like to be taking home time and a half instead.

    I think in a non-confrontational way I’d have her approach HR and just ask them to clarify the OT policy. If it’s clear she’s owed time and a half then she should say there seems to be an error with her pay as she’s not getting paid at that rate. If then they say no, go from there and see what their reasons are for doing this…

    Post # 10
    Member
    6034 posts
    Bee Keeper
    • Wedding: October 2014

    There are a LOT of companies exempt from the overtime laws.  Airline employees, people who get paid on commission, computer programmers… That is just a start. http://www.dol.gov/elaws/esa/flsa/screen75.asp

    see if any if these apply to your partner’s situation.

     

    Post # 11
    Member
    11740 posts
    Sugar Beekeeper
    • Wedding: November 1999

    @soontobemrsm11:  I work for a government contractor — so since we are paid and overseen by the federal government, we’re pretty good about following these laws! 🙂  I definitely work more than 40/week (or 80/pay period) and get paid my regular rate for any hours over that. 

    Post # 12
    Member
    828 posts
    Busy bee
    • Wedding: May 2013

    I assume this is in the U.S.? Eligibility for 1.5x overtime is not simply becasue you are paid hourly.  You can be paid hourly and be an exempt employee. It depends on a number of factors including the nature of the work, industry, salary level, etc.

    She should consult state laws and also review this doc. If she is eligible for 1.5x OT she definitely shouldn’t ignore it! But she should first go to her boss/HR/payroll and inquire nicely as it could have been a payroll oversight or mistake.  Ultimately she can file a complaint with the DOL.

    http://www.flsa.com/coverage.html

    Post # 13
    Member
    641 posts
    Busy bee

    Okay. Let’s just go ahead and be clear. Overtime is not an employer policy. Overtime is not something you need to get approval for. Overtime is your legal right. There are positions under the law where you can be excluded, yes. But if you don’t meet these exemptions, your employer is required to pay you overtime At an increased rate. Period. No debate. No “oh, darn. Looks like they just didn’t feel like it.” 

     

    OP, you need to talk to HR, and they need to know this is something you take seriously. They are taking money out of your pocket and food off your table.

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