Employer Lying to me about Overtime Laws

[eternal1krazy]

You are right. However, since you apparently don't have a schedule it gets really complicated. You can be fired for working unauthorized overtime.

Thank you, that WAS something that was helpful actually ... because I was told to work the O.T., after being told overtime is 80 hours/2 weeks

 

[TigerD]

It would be illegal for you to explain that to a potential employer when called to verify my (previous) employment status though

1. Lawsuits are public records. Potential employees are vetted to some degree for every position.

So after working hundreds of hours of overtime in a year, and not being compensated for it, you would just keep your mouth shut, and continue about your day? I did what was right, and am proud of it, too many people are taken advantage of, and I stood up for myself, and made it out pretty nicely.

I don't have that concern. I've worked overtime and not been paid for it. I've stepped in and helped when needed even though I wasn't working. I worked 80+ hour weeks for a straight $7 hour (under-the-table even). Instead of crying about it, I did my job and learned from it. The difference between us is that now people work for me and you are still crying about mistreatment on an internet forum.

DC

 

[eternal1krazy]

Not crying at all, was simply wondering what the best way of going about this is, as I had been taken advantage of before. Yes, i've worked many hours and been uncompensated for it, many times i've let it go, until an employer realizes you won't say anything, and continues to set the bar higher for what they try to get away with.

 

[eternal1krazy]

Also, considering Colorado is an at-will state. They can still fire me after I file against them, as long as they can "prove" I wasn't fired in retaliation lol.

THIS is the only reason I would like to take a different route than working the hours knowing I won't be correctly compensated, just to deal with the stress of filing with FLSA/DOL and getting fired.


Would 'kind of' rather just ask why they are pushing this so called '80/week' law (which doesn't exist) on me, just to get fired ... in and out.

 

[LdiJ]

1. Lawsuits are public records. Potential employees are vetted to some degree for every position.



I don't have that concern. I've worked overtime and not been paid for it. I've stepped in and helped when needed even though I wasn't working. I worked 80+ hour weeks for a straight $7 hour (under-the-table even). Instead of crying about it, I did my job and learned from it. The difference between us is that now people work for me and you are still crying about mistreatment on an internet forum.

DC

That is probably a little unfair DC. Many of us who are not young have gone above and beyond the call of duty and had it work for us. That doesn't mean that the employers were in the right, legally, when we did that. Nor does it mean that going beyond the call of duty will translate into future prosperity. Heck, going above the call of duty doesn't even necessarily translate into a good reference anymore...it often results in a bad reference because the employer is hurt badly losing the employee who went above and beyond and is resentful because they left and they had to pay a lot more people to do the same job the former employee left.

A lot depends on how solid the employer is. A really solid employer tends to understand when they mess up and lose someone who was really valuable. A seriously struggling employer reacts differently these days.

 

[Just Blue]

Blue Meanie:
Simply put, most employers wouldn't say anything, because why would you want to explain to someone that you had been acting unlawfully and got caught and paid the price. (word of mouth spreads too quickly. Especially if say you ran a restaurant, and were calling another restaurant I previously worked @ where you could boost your business by spreading the word that X restaurant abuses it's employees)

So you would be forced to lie about what happened, which would be defamation (illegal)

You need to edit your foul posting before someone reports it.

10...9...8...7...

 

[cbg]

HR Manager here:

OP, in your case I would ask the employer, "how do you want me to handle hours over 40 in a week?" Personally I would not have a problem with the approach you suggested after that, if you're unable to get a satisfactory answer. You can be fired for working unauthorized overtime, as has already been said, but it's also illegal for them to refuse to pay you if it's worked.

It would be illegal for you to explain that to a potential employer when called to verify my (previous) employment status though

No, it's wouldn't. I don't know where so many people get that idea, but it's not even remotely true in any state.

 

[eternal1krazy]

That is probably a little unfair DC. Many of us who are not young have gone above and beyond the call of duty and had it work for us. That doesn't mean that the employers were in the right, legally, when we did that. Nor does it mean that going beyond the call of duty will translate into future prosperity. Heck, going above the call of duty doesn't even necessarily translate into a good reference anymore...it often results in a bad reference because the employer is hurt badly losing the employee who went above and beyond and is resentful because they left and they had to pay a lot more people to do the same job the former employee left.

A lot depends on how solid the employer is. A really solid employer tends to understand when they mess up and lose someone who was really valuable. A seriously struggling employer reacts differently these days.

This is EXTREMELY true. Which is also the reasoning behind my mentality over this. Doing this is fine, i'm perfectly healthy and capable of doing it. But employers here are all the same, They have the exact personality that you are trying to explain, my going beyond has gotten me nowhere, so why trust that it will, without some sort of backing?

Also Blue Meanie, there is nothing inappropriate about that post you just quoted, sorry for whatever it is that bothered you.

 

[eternal1krazy]

HR Manager here:

OP, in your case I would ask the employer, "how do you want me to handle hours over 40 in a week?" Personally I would not have a problem with the approach you suggested after that, if you're unable to get a satisfactory answer. You can be fired for working unauthorized overtime, as has already been said, but it's also illegal for them to refuse to pay you if it's worked.

It would be illegal for you to explain that to a potential employer when called to verify my (previous) employment status though

No, it's wouldn't. I don't know where so many people get that idea, but it's not even remotely true in any state.

The second part, I meant in the satirical sense which I explained a few posts after.



THANK YOU, so very much, for the first part though. This is exactly what I feel is right. If they do NOT want me working overtime, then I will gladly take my first day & a half off in a month or two. And all i'm wanting to do is point out the specifics about the laws, in a kind and proper way.

"how do you want me to handle hours over 40 in a week?"

This is the point of my post, I did this in a round-a-bout way, in saying "Hey I gotta watch my hours, i'm pushing O.T." In which she explained "We don't do O.T." So my original thought was okay, clock out tomorrow @ 40H and enjoy the day. This was until she came up to me saying "You know we do O.T. like this: it's 80 hours in 2 weeks" Which in my head she is saying "Just work the rest of the week like normal" .... Therefore initiating my idea to create this post, of how do I go about doing this? Because I have been in the situation where do you it,... and then do it again,... then it becomes normal and almost 'mandatory' for you to do what you did before.

EDIT: Blue Meanie, I just went back and saw what you were talking about, and it has been fixed.

 

[cbg]

In what industry do you work? There are VERY limited, industry-specific situations where 80-in-two-weeks is legal.

 

[eternal1krazy]

I work at a Private Club, as a janitor/maintenance guy/landscaper\groundskeeper/bar-back.

A private club in town, nothing to do with the ski industry either.

 

[cbg]

Nope, not one of the exceptions.

 

[TigerD]

That is probably a little unfair DC. Many of us who are not young have gone above and beyond the call of duty and had it work for us. That doesn't mean that the employers were in the right, legally, when we did that. Nor does it mean that going beyond the call of duty will translate into future prosperity. Heck, going above the call of duty doesn't even necessarily translate into a good reference anymore...it often results in a bad reference because the employer is hurt badly losing the employee who went above and beyond and is resentful because they left and they had to pay a lot more people to do the same job the former employee left.

A lot depends on how solid the employer is. A really solid employer tends to understand when they mess up and lose someone who was really valuable. A seriously struggling employer reacts differently these days.

Obviously, I don't think it is unfair. I was responding to the OP's comments about suing previous employers and such. He isn't interested in being a good employee. He is interested working the system.

Are there abusive employers? Of course. I find it interesting that the OP keeps running into them. Almost like he is the problem. The bottom line here is that if the OP isn't happy with his hours or his pay, he is welcome to seek other employment. And if he presents his employer the same attitude he presented here, the choice will likely not be his to make.

DC

 

[cbg]

I find it interesting that while refusal to pay for overtime is blatantly illegal under both Federal and state law, DC is finding the OP at fault for wanting what the law guarantees him.

 

[eternal1krazy]

I very much so think you've gotten the wrong impression of me. I do not 'seek to work the system' I just want a good job, where I can go to work, fulfill my duties, and come home and enjoy my day. Not sit around and stress once i'm home because i'm constantly being taken advantage of (not to say this is the case here, but I know how things snowball), I finally had reached my breaking point with the previous employer, just as was many others who were being abused, but weren't willing to step up and say something. 'Your' type of "attitude" is what is wrong with the world. This has nothing with the type of attitude I have with random people, who seem to think that wanting to justify corruption is wrong.

Why wouldn't I demand from you what you straightforwardly owe me?

And just as well, I have had many wonderful places of employment, hell the very last job I had was amazing, and I only left to come work in a different town to support my parents, after my father was laid off.
Don't be so quick to judge people.... I came here asking if presenting the facts in a timely/kind manner was the right thing to do, never said anything about 'working the system.' Have I had a horrible experience with 1 of my previous employers? Sure, who hasn't. And when i say 'employers around here' I also include word of mouth spread by others who do not work in the same establishment as I.

I simply seek to be given what I deserve, and nothing more :\

CBG: You have helped to give me the faith in knowing that talking to her and showing her the information is okay, I can't honestly believe the type of attitude others present towards someone in that position. (Makes me question the legitimacy of businesses)