Post # 17
@soontobemrsm11: Employees get stepped on a LOT. I think there is some honest lack of understanding of the law on employer’s parts (retail and food service is RIFE with this, particularly those that promote from within; which I support; and only give training on what is needed to basically operate the business; which I don’t support.) but you can only claim ignorance ONCE.
Post # 18
@soontobemrsm11: Don’t worry about retaliation. If she is polite and respectful about it, they aren’t going to be mad! All you have to do is say, “Hey, HR, I was under the impression that I qualified for 1.5pay after 40 hours a week, but it doesn’t show up like that in my paycheck. Could you clarify as to why it doesn’t apply, or help me fix the situation?” If you accuse them of being wrong, they might get heated, but if you phrase it more as a question of clarity, then they’re more likely to be helpful and get a good response!
Post # 19
@abbie017: +1. I think this is the best way to phrase it without coming across as being hostile or aggressive.
My Future Brother-In-Law works for a private company that has required overtime and it isn’t paid – at all. Not even his regular rate of pay. Nothing. He is salaried, but still I think thats crazy. I have no idea why or how they get around it. They used to be a defense contractor, but they went private a couple of years ago. He’s a computer engineer and works on aircraft ‘stuff’ (not really sure lol).
I’m a salaried federal employee and I still get 1.5x/hour for any OT.
Post # 20
@abbie017: that’s what I was thinking too. I like it! I tried to tell her to just ask WHY and be polite about it. I’m the type though, that I can play dumb blonde and easily not offend people…my SO is more straightforward and serious so I do worry that her tone will possibly offend them lol
@adoc86: I legit did not know that salaried employees could still be paid OT. I’ll have to look into that too, I can’t imagine what would qualify a salaried employee to have OT. I’m definitely glad my SO’s getting paid at all but since it’s a time clock, they’d be really stupid to try to delete her OT. She also writes down all her hours to the minute.
Post # 21
I work at a non-profit and they indicated that they are not required by law to pay overtime pay however they choose to do it because they feel it is fair. So I do believe some (if not all) non-profit organizations do not have to pay.
However it does not hurt to shoot HR an email and ask for clarification on the matter.
Post # 22
@adoc86: I’m salaried in the private sector and don’t receive OT. However, my Fiance is a government worker that receives it. Our friends seem pretty split on whether the receive it or not. Those that receive it tend to work for the goverment or work for government funded companies (e.x. Electric Boat)
Post # 23
I would have her say something. Everyone is jumping to conclusions, but it could be an honest mistake on the part of her employer. Maybe a simple hourly rate did not get changed and overlooked. And don’t let her fear retaliation, she can go in and ask a simple question without taking it to another level.
Post # 24
I am a lawyer paid by the hour and I do not receive overtime, even though I am required to work it. Certain classes of employees, like professionals in offices are not entitled to overtime under the Fair Labor Standards Act. They are non-covered, exempt employees.
This explains who is covered and non-exempt (ie. entitled to OT).
Post # 25
Does her company have an employee manual? She should take a look at it to see if there’s anything written in there about overtime.
Also, there ARE some states that have their own wage-and-hour laws that could possibly require overtime even if the FLSA doesn’t. That’s worth looking into also.
Post # 26
@soontobemrsm11: I don’t think they legally have to pay her time and a half, they only have to pay her for the time. It depends on what her position is, how many hours a week she agreed to work, part time versus full time…
Post # 27
@soontobemrsm11: This link might be helpful to look into the overtime pay laws.
Post # 28
@soontobemrsm11: It could just be a payroll mistake. I would speak with payroll first. Perhaps her employee classification changed too (e.g., exempt vs non-exempt). Don’t jump to conclusions!
Post # 29
you will need to look into her contract with her employer. It will specify whether she is due OT pay or not.
Post # 30
My old company used to cook the books and change our clock-in/clock-out times so they wouldn’t have to pay us OT.
I’d rather get paid at standard rate than not get paid at all!