Suing for Overtime? 65
An unidentified submitter asks: "There is a federal law that requires all non programmer-type jobs be compensated for overtime. Last year, over the course of a year, I have worked 500 hours of overtime without comp time, bonus, or paid overtime. I have since left the company, and currently I am attempting to sue the company for lost wages. Has anyone ever been in a similar situation, and do they have any advice/tips? Also is anyone aware of good computer/IT labor attorneys?"
programmer-type? (Score:3, Informative)
What would that meen. Do Network Administrators fall in that catigory? How about website developers? Website designers? I'm wondering, how is it defined, and where is the line drawn?
Start by... (Score:5, Insightful)
Also, if you are working in an exempt position, you're probably screwed since bonuses & comp time aren't typically legally required by the company. Good luck though.
Re:Start by... (Score:2)
Re:Start by... (Score:2, Funny)
Re:Start by... (Score:3, Insightful)
Scott
Re:Start by... (Score:4, Informative)
Just because the contract says that doesn't mean it's enforceable. If it violates some state or federal law, then the clause would be rendered unenforceable.
compensation != (dollars*hours) (Score:2, Informative)
Perhaps the courts aren't your best recourse in this climate.
I just want to say one word to you - just one word (Score:1, Funny)
Re:compensation != (dollars*hours) (Score:4, Interesting)
True - to a point. Packages are normally deemed to include consideration for "a reasonable amount of unpaid overtime". To the best of my knowledge, there have been no real challenges to determine what constitutes reasonable. I know some unions were trying to define it as being no more than 5-10 hours per week for short periods of time. (ie, not 10 hours per week, every week.)
Re:compensation != (dollars*hours) (Score:3, Insightful)
Re:compensation != (dollars*hours) (Score:1)
Easy fix: make it illegal to fire an employee for refusing excess overtime.. say 2 hours per week, or 40 hours total in any 90 day period. If the employee is OK with it, no problem.
As it should be anyway. If an employee needs to work overtime regularly, something's wrong: a) the employer is a tightarse and should hire sufficient people for the task, b) the employee is imcompetant and needs to be replaced with someone better. As it
Re:compensation != (dollars*hours) (Score:1)
There is still a potential problem. If I'm the boss and you refuse overtime and I can't fire you, I can still make life miserable for you. Suddenly you get the boring task that nobody else wants to undertake. Somehow you get "forgotten" when it comes time to hand out bonuses or other perks. Forget that promotion. And so o
Re:compensation != (dollars*hours) (Score:1)
Unions can be real bastards, but when employers are being bigger bastards, what do they expect?
Re:compensation != (dollars*hours) (Score:2)
Except that I need some extra cash, but I work on a team, and if one guy isn't there, than none of us can work. (I'm in construction, many jobs require at least 3 guys, sometimes more) In most other jobs there are deadlines that need to be met. It needs to work both ways, the company needs to be reasonable (if the guy who doesn't want to work just wants to go home and drink, that is different from watching the kids), but so do the workers. If there is a deadline, then I don't have a problem working late
intel for one (Score:2)
Sorry (The link went bad) (Score:3, Interesting)
In California (Score:4, Interesting)
There are two classifications of overtime-- there are "exempt" and "non-exempt" employees.
Before you try and sue someone, check your time cards! If you didn't indicate on the time card that you worked overtime (and signed it), then you have lied... good luck getting any money! If the time is documented, but not paid, you have a chance.
Re:In California (Score:2)
Re:In California (Score:2)
The IRS might also be interested for all those hours the company received as income "under the table".
Related article... (Score:3, Informative)
... altough some could argue repeated.
Are Coders Exempt From California's Overtime Laws? [slashdot.org]
Re:Related article... (Score:2)
Re:Related article... (Score:2)
I've always heard "it doesn't apply to managers", but sometimes it does.
http://sanjose.bizjournals.com/sanjose/stories/
IT jobs (Score:1)
Re:IT jobs (Score:2, Insightful)
I am guessing that law makers are also thinking like this; they don't get. P
AOL! (Score:2)
My company also lacks any official overtime (for salaried employees) or comp time (for anyone) policies. In theory we have time cards... but they're electronic, and are only filed by salaried employees in order to judge billing of clients. Since nothing I do is directly billable to clients, I don't (nor does any one else in my--the IT--department, who have shared those excessive
Re:AOL! (Score:2)
Re:AOL! (Score:2, Informative)
Were this a different economy, I'd probably push the issue knowing that if I lost the fight I'd be able to go somewhere that had fair compensation policies.
Preliminary research shows that IT managers can choose to compensate excessive overtime via flat fee bonuses or comp time, but probably should not be paid on an hourly basis. The dilemma for employers who really want to do right by their employees is that overtime compensation for exempt employees can threaten the employee's exemp
Re:AOL! (Score:1)
Are we left to assume you were paid hourly? (Score:4, Informative)
If you were a contactor and/or paid by the hour, with all due respect, why in the hell did you not bring this up with your employeer immediately. Why did you work 500 hours (over three monts worth) and not say anything until you got fired (excuse me, "left the company")?
Every place I worked where I was paid by the hour made me specify how many regular hours I worked and how many overtime hours I worked with a clear explaination of the overtime policy right above where you sign the time sheet.
I and thousands of us here have been screw over by an employer (or two, or three), but this is unfortunately is your own damn fault.
Use your Tax dollars (Score:2, Interesting)
Give the tax collection agencies a call. Most of them have a tips hotline.
Also call the national department of labor, and your state's department of labor.
I will note that based on stories related to me, this sort of fraud seems to be common in the Resterant industry. The stories I've heard were from a waiter who turend in each of his ex-employers to the state, and collected fat back wage checkes each time. Perhaps you should rese
Targeted Advertising (Score:4, Informative)
WOW! /.'s target advertising is brilliant.
As I read this topic on overtime the banner ad has links for:
Time Card/Overtime Calculator Software" [timecalc.com] to help you track it,
Woodley and McGillivary overtime lawyers [wmlaborlaw.com] and
Edwards and George overtime lawyers [overtimelawyer.com] to help you sue for it and
Career Builders [careerbuilder.com] to help you find a new job when you are done with the lawyers.
Re:Targeted Advertising (Score:2)
I think you're on to something here. I doubt that's a coinky-dinky.
Re:Targeted Advertising (Score:1)
Me too, I've noticed that these ads often reflect the subject matter of the accompanying story.
Federal Law? (Score:3, Informative)
AFAIK, this is fully permitted by law; overtime pay is specified in the terms of their employment contracts.
If you know of a specific federal law that mandates pay, regardless of exempt status, I (and 60 million other salary-slaves) would certainly appreciate a link to the relevant law.
oh, these post-ironic times (Score:5, Funny)
Currently the top two articles on "Ask Slashdot" are:
That's funny, that is.
Not really... (Score:3, Funny)
My advice (Score:3, Insightful)
Re:My advice (Score:3, Insightful)
True, but there's generally an implicit quid pro quo. I used to work for financial traders, where 50-hour weeks were considered normal, and a few times I ended up working 50-hour days. But I never fretted about it; it was the deal I signed up for, and I knew that they'd take care of me, especially at bonus time.
Anoth
Labor Board (Score:2)
They have guidlines for what a professional position is. Give it a shot...its free.
Re:Labor Board (Score:1)
Re:Labor Board (Score:2)
Do not believe so. Since you are accusing them of violating labor laws they are allowed to know who accused them. If you are no longer working for them, then it shouldn't be a big deal.
What are the implications for the complaintant when going to the labor board?
That they were working you more than 40 hours a week in a non professional position without overtime or compensation.
Are there any guarantees of continued employment, or is it a one-time bridge burning?
Realisticly or th
Re:Labor Board (Score:1)
Re:Labor Board (Score:2)
I don't run my own company, but if I did I would like to think that I would be one of these fantasy bosses, as I firmly believe that the carrot is a more effective motivator than the stick.
However, if an employee put me in that position
Lawyer. Lawyer. (Score:2)
Here is the law (Score:2, Informative)
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_5
Not many people outside of operations environments are non-exempt in IT. As such, they are paid for their skill, and not their time.
Dan
Yes you can with a little luck (Score:2, Informative)
Call em up.. (Score:4, Funny)
Do you want to continue being a [expletive/jackhole], and pay a bloodsucking shark so I can just wring it out of your dying corporate corpse with interest anyway, or do you want to simply pay me 4.67 million and toss in a used Maserati so I won't open a can off class action whoopass on you?
I know Bob in Networking had 747.14 hours of overtime last year, and I'm sure he could use a quality used Lotus instead of putting a new alternator in his Camry. Do you want me to call Bob? Or Gina, in Support?
Or Alfie, the whacko that peed in the punch bowl and groped the VP after four vodka tonics at the company party? He's just gotten out of the rubber room the layoff put him in, I'm sure he'll consult with his friend Old Kentucky Shark and drop by looking to have a good time in his old cubicle after I tell him you owe him three Porsche and a Mercedes, plus whatever is behind door number three in Today's Showcase.. I think he left a back door in the accounting system..
Oh, no.. You [expletives/jackholes, perhaps now is a time to throw in 'asshats'] shouldn't take this as a threat. I'm not threatening anything! How do I know if I'll push some of your psychotic disgruntled ex-employees over the edge? How am I an expert on what the courts will do when Lisa, who wrote your new property management system in her free time, and I'm sure would love to know she still owns it because you dumbasses never made her sign the IP agreement, sues you?
We're all reasonable people here.. Just give me what you owe me, before I beat it out of your cold, lifeless body with a pitchfork wielding lawyer, and then set the pack of dogs on you.
fed DOL and state DOL (Score:2)
it is hard to legally declare an employee exempt and make it stick. the professional clause, which is usually used in regard to IT employees, is shaky at best. the other common one, management, is easier. however, it takes more than just 'manager' in an employee's title. they must spend a minimum of a given percentage of their time in
Re:fed DOL and state DOL (Score:2)
This is some excellent material you've found. Perhaps you could share some links with us? Please?
Re:fed DOL and state DOL (Score:2)
the fair labor standards act [dol.gov] is the core of the law, alongside some additional regulations [dol.gov]. there are a number of additional links on this page. [dol.gov] there are a ton of fact sheets [dol.gov] also available. do remember that the fact sheets are a guideline, but are not the actual law.
as for state laws, check your state dept. of labor, or simply look for an online (or print) version of state laws. in general, more
Since we don't exactly know what you do... (Score:1)
I love America! (Score:2)
And if the state or federal government actually do take me to task over it legally, then I can outsource to India, or some other country, no doubt where child labor is legal, wages are even lower, and employee safety laws are nonexistent.
So th
State Labor Board (Score:2)
He contacted the state Labor Board, and they pretty much took the case and did everything for him. He didn't have any time sheets or anything, but the company had records of his security card in/out punches, and the weekly tim
Maybe not for overtime, but.... (Score:1)
If you had been in a union... (Score:2)
I find it amusing at all the people who complained in this [slashdot.org] discussion about how crappy unions are, but so many of us are getting screwed.
How about it? [slashdot.org].