Question about overtime laws.

[gibbsisgod]

I am not having much luck with the states office for labor. I cant get anyone to call me back so I thought I would ask this to the Warpath.

My mother-inlaw gets paid on a two week basis. If she works any overtime the first week her boss makes her take a day off the second week to make it look like she worked a total of 80 hours and then she doesn't hae to pay overtime.

My question is, Is this even legal? I thought the work week was 40 hours not 80. I know its based on a two week period but this seems like a shady way to get out of paying overtime to their employees.

[BDBohnzie]

DOL WHD: Fact Sheet #23: Overtime Pay Requirements of the FLSA

This is a good start. The biggest thing is determining what kind of employee she is (Hourly vs. salary, exempt vs. non-exempt), and then talking to the county or state labor board about it.

[gibbsisgod]

I read that whole section on overtime and also called my state labor board about it and have not heard a response on this.

[gibbsisgod]

She is an hourly employee. She is a shift supervisor but she is still an hourly employee. She doesn't fall into any of the exempt categories. I just thought I would pose this question to some of you to see if we should pursue this any futher. I dont want to sound like an idiot to the labor board and would like to have my facts straight when/if we decide to do something about this.

[firstdown]

Ok so if they are getting around the law and she gets them in trouble with the state is she ready for the fall out. Maybe nothing would happen but there is a good chance that her boss could make her life so miserable that she would want to quit. She should first decide if she really likes the job is it worth risking it to persue this and if it pays good could she find another job that pays the same and has the same benifits.

[gibbsisgod]

Originally Posted by firstdown

Ok so if they are getting around the law and she gets them in trouble with the state is she ready for the fall out. Maybe nothing would happen but there is a good chance that her boss could make her life so miserable that she would want to quit. She should first decide if she really likes the job is it worth risking it to persue this and if it pays good could she find another job that pays the same and has the same benifits.

Believe me, This is no glamorous job. Besides, they have laws that protect whisleblowers. We actually have every intention of making it known she was the one who brought this to everybodys attention. This isn't a matter of an employee trying to stick it to their employer, this is all about getting paid what the law says she is entitled to. We figured it out to be roughly $4000 dollars in the 5 years that she has been working there. That is alot of money. Maybe not for some but for her that is huge.

[firstdown]

Originally Posted by gibbsisgod

Believe me, This is no glamorous job. Besides, they have laws that protect whisleblowers. We actually have every intention of making it known she was the one who brought this to everybodys attention. This isn't a matter of an employee trying to stick it to their employer, this is all about getting paid what the law says she is entitled to. We figured it out to be roughly $4000 dollars in the 5 years that she has been working there. That is alot of money. Maybe not for some but for her that is huge.

While I agree they have laws to protect whistleblowers the boss can still do thing within the law to make her miserable. I was just bringing up something that she should consider and isn't great how a state's reps are so ready to help us in these matters.

[gibbsisgod]

Originally Posted by firstdown

While I agree they have laws to protect whistleblowers the boss can still do thing within the law to make her miserable. I was just bringing up something that she should consider and isn't great how a state's reps are so ready to help us in these matters.

I called the # for the US labor Board and the guy basically read it word for word from the website. I actually followed along reading with him. Then he gave me a # for my state and told me to take it up with them. Of course I left a message and have been waiting since Wed evening for a response.

[FRPLG]

Originally Posted by gibbsisgod

I called the # for the US labor Board and the guy basically read it word for word from the website. I actually followed along reading with him. Then he gave me a # for my state and told me to take it up with them. Of course I left a message and have been waiting since Wed evening for a response.

Giggity.

Don't know about Md but in Va you can just go into a VEC office and they'll help you out. Not terribly busy usually.

[gibbsisgod]

Originally Posted by FRPLG

Giggity.

Don't know about Md but in Va you can just go into a VEC office and they'll help you out. Not terribly busy usually.

Forgive me for being dumb..... VEC?

[BDBohnzie]

Virginia Employment Commission. Unfortunately, Maryland does not have the same thing.

Here's a link to the MD DLLR (Dept of Labor, Licensing, & Regulation) site:
The Maryland Guide to Wage Payment and Employment Standards - Division of Labor and Industry. This may help some as well.

[dmek25]

i have had some issues regarding over time, and bohnzie is right on the money. the first thing is determining if she is exempt, or non exempt. the Pa. dept of labor was very helpful in resolving our issue