Question About Overtime Pay

Updated on November 02, 2006
D.Q. asks from Irving, TX
6 answers

I have a boss who absolutely does not like to pay overtime. Not only time & a half, but even just regular pay for anything over 40 hours. Up to this point I haven't worked any overtime but do have an event coming up that will require me to work on both Saturday & Sunday, which will exceed my 40 hour work week. I would like to do some research on overtime laws to know for sure what my rights are but I don't know where to look. Can I just call an attorney to ask a question or do they charge for that? If she ends up not paying any kind of overtime do I take her to the labor department? If any of you moms have any ideas I would appreciate it!!!

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A.L.

answers from Dallas on

My husband's boss is somewhat this way. If you are a "salaried employee" they can make you work without getting paid extra. That's not a good way to keep employees around but they can do this. There are also some instances they can do this if you are not. I would have to ask my hubby.

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E.S.

answers from Dallas on

There are new laws that state that even salaried employees are entitled to overtime pay IF they are NOT in a supervisory position. In other words, as long as you are not responsible for any other employees, whether you are hourly or salary, you are entitled to overtime pay. Many employees are unaware of this fact and those that do often don't report overtime pay without compensation for fear of being fired or "pushed out" of their job. The law even states that comp. time (working 42 hours this week and only 38 the next) is not the same as overtime pay. Make sure you are keeping very acurate and detailed notes of the hours you work. Good Luck!

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N.

answers from Dallas on

I worked for a doctor for a short time who refused to pay her staff overtime. When I started, I found out that everyone in the office worked an average of 5 hours overtime per week. When I brought this to the doctor's attention, she shrugged it off and said she didn't have to pay overtime because she paid "salary" not "hourly". I checked with the department of labor and they assured me that even though she paid "salary", the office staff that were not "management" or in a "professional" or "exempt" position had the right to overtime. I told the staff this and they all indicated they had never demanded it, and were not interested in pursuing it, because they didn't want to lose their jobs. When I left the office, I filed for back overtime pay with the department of labor, but the office staff would not back me up in my claims during the investigation, so the labor department dropped my case. Moral of the story, unless you have others who are willing and able to corroborate your claims, or your office actually utilizes a time clock where your overtime is indisputable (the doctor's office did not), there's probably not a lot you can do. At least that was my experience. Do you have to keep a time log? Does your boss sign it weekly? If so, that would probably be just as good as a time clock. Good luck to you! I hope your experience in getting this issue resolved is much better than mine was!

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C.F.

answers from Dallas on

If you are hourly you may have some recourse - if you are salaried there's not much you can do other than try to arrange for comp time.

Let us know what happens.
C.

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S.B.

answers from Seattle on

If you are an hourly employee, you are entitled to receive overtime for working more than 8 hours in a day. It has been some time since I have worked, but I believe you are also eligible for overtime for working more than 40 hours in a week. And, again, I have been out of the work force for some time, but I think if you work more than 6 days in a week, you are entitled to double-time. Also for working more than a certain number of hours, no matter how many days. Salaried is different. Most of the time if you are salaried, you are not entitled to overtime at all. But, there are some cases where you are. It depends on your job description and whether you are an exempt or non-exempt employee. You can find more information at the state government and the federal government websites. There are federal regulations that all states have to follow, and state regulations that are state-specific.

Try http://www.dol.gov/elaws/ for federal labor laws.

And http://www.state.tx.us/category.jsp?language=eng&cate... for state laws.

Good luck!!
S.

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K.P.

answers from Dallas on

By law they have to pay you over time as long as you are a hourly employee. If they do not and you turn them in then they can get into a lot of trouble. You may let them know that they have to pay you overtime or you dont have to work and then if you get fired that will go back on them. Again make sure you are keeping track of all your time either on a calendar or something so that if something happens you have proof. I would recommend that you speak to your boss about it and let them know that you will hit overtime if you work on weekends and they would either need to give you comp time or pay time in a half because that is the law they have to pay you overtime and if you let them get away with it they will. I am going through the same thing I actually have 4 weeks comp time just this year!