How can I prove this??!!

[PrinceCharming]

No, actually, they don't. The links you posted are industry specific and are not applicable in the poster's situation.

Yes they are applicable. There is no place that exempts construction workers from overtime pay.

 

[PrinceCharming]

All of your advice was either bad or inaccurate or both.

You just made a false statement.

 

[cbg]

Show me where construction workers are mentioned in your link. The link specifically had to do with the shipping of goods.

 

[PrinceCharming]

Show me where construction workers are mentioned in your link. The link specifically had to do with the shipping of goods.

The link also showed the protections for retaliation. I guess you don't know how to read. READ THE WHOLE PAGE.

 

[cbg]

I did read the whole page. Everything said there is specific to shipping and transportation of goods. It does not suddenly become general halfway down the page when it starts out being specific.

In any case, no one SAID that the poster was exempt. We have told the poster numerous times to file a wage claim.

 

[pattytx]

AND the poster has already said that the process of filing a wage claim with the federal DOL has begun. And the poster was told two weeks ago that if her husband was fired for filing the claim, there was legal recourse he could take.

 

[PrinceCharming]

I did read the whole page. Everything said there is specific to shipping and transportation of goods. It does not suddenly become general halfway down the page when it starts out being specific.

In any case, no one SAID that the poster was exempt. We have told the poster numerous times to file a wage claim.

My point is that a person IS protected by the federal labor law when they file in court.

Second, yes the law does become general, and there is case law to support that. If you have access to Lexis, you will see that for yourself.

 

[cbg]

My point is that a person IS protected by the federal labor law when they file in court.

Did I say they weren't?

 

[PrinceCharming]

My point is that a person IS protected by the federal labor law when they file in court.

Did I say they weren't?

You said to the OP to ignore my response. My response was that the OP should file in court.

 

[cbg]

You're quite right. I did. That's because you don't know employment law. You think that reading a few decisions on Lexis makes you an expert, and you're wrong about that too.

But if you're going to argue a point, argue it with the person who made it. I'm not the one who said there was no protection for filing in court. I just told the poster to ignore you because you're an idiot. And you are.

 

[KJHOOK13]

Don't ignore the drinking at work!

Oh something NEW now too, what about if the super goes and buys his beer on lunch and sits in the truck drinking during work(on the clock) and on his lunch break both?? I know that's violating something, it's got to, but what?? It's not safe for him or the other workers if he's been drinking or is even "tipsy" while operating excavators and concrete pumps and what-not.... Is it me or is this company just all around crooked basically??

OP'S husband has a responsibility to report workers who are under the influence of alcohol while on the job! This should be reported to the DOL as well. This falls under the Drug-Free Workplace Alliance program that is a DOL cooperative agreement that was put into place in 2004. This specifically focuses on the construction industry as research shows it having a high rate of worker alcohol/drug abuse - AND, it tops the list of industries with the highest rates of occupational accidents and injuries. This is managed cooperatively with OSHA and MSHA.

 

[Cazman]

Go to your local employment office and file a "Wage Claim Form"

 

[KJHOOK13]

Go to your local employment office and file a "Wage Claim Form"

OP has already contacted the DOL relative to the wage/OT issues - like last week. . .