Overtime pay not being paid.

[brokenwindow]

What is the name of your state? Kansas
I have done a little bit of searching on this and other websites about this situation. The question that I have is whether or not it is legal for a company (my employer) to not pay overtime. I understand the basics (it has to be paid) but the situation is a little different than the other posts I have read. If I work more than 40 hours in a week my boss comes to me with my timesheet that is generated electronically and has me initial the timesheet saying basically that since the overtime was not approved that I am not going to get paid for it. Now the paper doesn't say any of that it is just a time sheet but anytime I initial it I don't get paid overtime (not even base pay) I am looking for some resources to find out whether I am exempt or not I don't think I am because I have been paid overtime before when it was approved. If I am not exempt then they would have to pay the overtime right? What would be the first step in finding more information or possibly filing a complaint. I know that if I go straight to human resources I will get fired my company is very volatile (lots of layoffs). This is a small amount of overtime pay that I am talking about here sometimes 15 minutes sometimes an hour or so. But the question remains if I work overtime shouldn't I very least get paid regular pay for it if not time and a half?

Thank you for any information or links anyone might have. I know that this question seems to have been asked alot but I am just curious if me initialing the time sheet changes anything.
Thanks again

 

[cbg]

If the overtime has not been approved they still have to pay you for it, and at time and a half, but they can discipline you in other ways for working unauthorized overtime. There are NO circumstances in which a non-exempt employee can work and not get paid for it.

On the other hand, there are NO circumstances in which an exempt employee is legally entitled to overtime. The flip side is that with VERY few, rigidly enforced exceptions, an exempt employee gets paid his/her full salary every week even if they DIDN'T work the whole week.

Your job duties are what determine whether you are exempt or not. It has nothing to do with how you have been paid in the past. (An exempt employee CAN be paid OT if the employer chooses to - there is just no legal entitlement to it.) To determine if you are exempt or not, check out the Fair Labor Standards Act (FLSA) on the Department of Labor website; www.dol.gov

If you determine that you have been illegally denied overtime pay, your recourse is to file a complaint with your state department of labor.

 

[brokenwindow]

One more question

I am in the process of contacting the DOL to clarify my situation on exemption. I am employed in a computer position where I test and repair computer systems. I am deducted for any time off that I take (sick time, vacation time) so if I am exempt they are still doing it wrong. But I had one more question if I where to file a report with the DOL would my company legally be able to fire me because of this? I know that normal protections are only race,religion,age,sex, things like that but there must be some kind of protection for reporting a company which is not following the correct procedures or else no one would ever file anything. I also have a question about break times. I read through my company's handbook and it said that every employee is entitled to a 15 minute break for every four hours worked.
I need to know whether that is Kansas state mandatory or is that just something that is enforced in the company? Basically I take two smoke breaks at designated times everyday and no other breaks ( I don't even go to the bathroom) and now they are putting that on my perfomance review as a negative item.
Thanks I appreciate any feedback on this situation.

 

[cbg]

1. No, your company cannot legally fire you because you reported wage violations to the DOL. There are two kinds of violations that create a wrongful termination. You've defined the first - Title VII violations. Firing you for reporting wage violations would fall under the second - public policy violations.

2.) Neither Federal nor Kansas law requires that you be given any breaks at all - meal breaks, rest breaks, and definitely not smoking breaks. (In fact, contrary to popular belief, NO state requires a 15 minute morning and afternoon break, although a few states require a 10 minute break for every four hours worked - Kansas, however, is not one of them). So it is definitely a company policy, rather than the law. And while you and I may feel it to be ridiculous that it be this way, a company is not legally required to follow its own policies.

If you feel that their using your breaks against you is retaliation for your speaking to the DOL, however, you should include that in your report to the DOL, because while it may not be technically illegal alone by itself, that sort of retaliation IS illegal.