OT hours and Exempt Status

[windingmeup]

What is the name of your state? California

Hello, I posted questions several months ago about an exempt employee working extensive overtime hours and not getting paid. Thanks for the great replies. Here is a follow-up and an interesting twist.

I felt the duties being performed were not professional and therefore I should not have been classified as an exempt employee. I called the Department of Labor and spoke with a gal. I described my duties but she was not sure so she had her supervisor call me back. We spoke at length and he told me that the duties I described were definitely not professional and I should be classified as non-exempt and paid overtime.

Here is the twist. He said that the department of Labor would probably not doing anything about this if I filed a complaint even though it violated labor laws. He said that I was already being well paid through my salary according to them.

I also spoke with a lawyer. They said that I have a good case but it would not be worth it for them. They would be going up against one of the top 25 companies (size wise) in the world.

Also, there are about 50-100 people (whom I work with) that are in the same position as me. We are required to meet certain overtime requirements. Those who do not can be classified as non-performers laid off (times are tough for this companies account).

I disagree with the Department of Labor. I feel this company is unlawfully taking advantage of their employees despite the salary being paid (between 40-65k). The work being performed is personal computer maintenance. There is a very high level of stress for everyone right now and it's mostly because of the layoffs we have had in the past and the internal competitiveness to not be the lowest performer amoung your peers. Some people have families and are making great sacrifices to work the extra 5-8 hours of OT a week that is required.

Any suggestions? Why do we have a Department of Labor? I don't understand why they would not be interested in enforcing the Labor Laws. What is so difficult about this situation that would warrant them to not want to pursue this? Please comment.......

 

[Beth3]

I disagree with the Department of Labor too and am flabberghasted a supervisor told you they would not respond to a complaint because you are already well paid. Did you call CA's DOL or the federal DOL? You have recourse with each.

I suggest you call the State DOL back and speak to someone aboout filing a complaint. If you get a similar response, then contact the federal DOL and file a complaing with them.

 

[Sinsaint26]

The supervisor at the DOL may have meant they wouldn't take on the case for you. File your complaint anyway. When they investigate they will find, as you said a clear cut violation and have to rule in your favor regardless of you already being well paid. The law is the law. If they are in violation it can't be overlooked.

 

[windingmeup]

Beth & Sinsain, thanks for the replies. I thought of another angle and that is to contact my companies HR department anonymously and give them a chance to rectifty the situation otherwise report this to DOL. Sounds like I have some options. I am wearry about doing this though. Not sure why though. What are the negatives to this approach (other than if they find me out)?

 

[Sinsaint26]

This is personal not professional advice. I would file the complaint first then make it clear that you filed the complaint (they will find out who you are anyway). This may give you some protection against retaliation. If you don't put them on notice and they figure it out on their own, you will have no proof that they knew you filed the complaint and no proof that adverse employment action (if any) took place due to to the complaint.

 

[Rene Fenton]

Re: Exempt Unpaid Overtime Question

Not sure what the laws are in California, and I am no kind of legal expert. However, just as an FYI. I work for a company that was engaged in the exact same type of practice in Kansas. When a number of employees went to an attorney they were advised to file a suit based on the premise that they were illegally classified under 'exempt' status. It seems that there are certain guidelines for what constitutes 'exempt' (at least in Kansas) and that included having supervisory responsibilities over a certain number of other people, which none of these employees had. The outcome of this was, a year after I quit my job because the hours were worse than excessive, I received a check in the mail from my former employer for overtime pay. I contacted an employee still there and found out the suit was successful and the company had reclassified the positions and the hours were no longer in the 55+ per week range. I actually went back to my old job, the company is not a bad organization, just a little careless in how much control they allow managers to have over issues that are HR related. Hope this is of some help....