Unpaid time worked/unpaid overtime.

[Hackman23]

What is the name of your state (only U.S. law)? Minnesota

From 02-2016 to 10-2016 My employer refused to pay me any overtime exceeding 40 hours a week for whatever reason, he claims that he decided to pay me salary instead without my knowledge( 11.50 an hour non management role in company) . In Fact he didn’t pay me anything for those extra hours worked. My pay check was consistently showing the same amount to the cent for 40.00 hours worked. In that time frame there was at the least 72 hours of unpaid time/unpaid overtime unaccounted for, when I asked to see my time card from which I clocked in & out and used every day they said my time cards for the past 9 months were all missing. What laws if any were broken if any? What legal actions could be taken? Are there any court cases that would relate in reference to this incident?

Thank you !

T.M

 

[CTU]

What is the name of your state (only U.S. law)? Minnesota

From 02-2016 to 10-2016 My employer refused to pay me any overtime exceeding 40 hours a week for whatever reason, he claims that he decided to pay me salary instead without my knowledge( 11.50 an hour non management role in company) . In Fact he didn’t pay me anything for those extra hours worked. My pay check was consistently showing the same amount to the cent for 40.00 hours worked. In that time frame there was at the least 72 hours of unpaid time/unpaid overtime unaccounted for, when I asked to see my time card from which I clocked in & out and used every day they said my time cards for the past 9 months were all missing. What laws if any were broken if any? What legal actions could be taken? Are there any court cases that would relate in reference to this incident?

Thank you !

T.M

Being "salaried" is how you get paid ... what's important is whether you're exempt or non-exempt.

Take a look here : http://www.dli.mn.gov/ls/OtExempt.asp

 

[cbg]

What laws if any were broken if any? Possibly none; otherwise the FLSA

What legal actions could be taken? Possibly none; otherwise a wage claim with the state DOL.

Are there any court cases that would relate in reference to this incident? Irrelevant, EVEN IF it should prove that there was a violation.

Salaried is a pay method and means nothing in and of itself. What matters is whether you are exempt or non-exempt as defined by the Fair Labor Standards Act. Please look at the link CTU provided and see if you are able to determine one way or the other; if you cannot, please post back with a DETAILED description of your job duties. The more detail, the better.

If you are exempt, then no laws were broken and there is no legal action to be taken. If you are non-exempt, then there was a violation of the FLSA and your best recourse, in your state, is a wage claim with the state.

 

[Hackman23]

rply

What laws if any were broken if any? Possibly none; otherwise the FLSA

What legal actions could be taken? Possibly none; otherwise a wage claim with the state DOL.

Are there any court cases that would relate in reference to this incident? Irrelevant, EVEN IF it should prove that there was a violation.

Salaried is a pay method and means nothing in and of itself. What matters is whether you are exempt or non-exempt as defined by the Fair Labor Standards Act. Please look at the link CTU provided and see if you are able to determine one way or the other; if you cannot, please post back with a DETAILED description of your job duties. The more detail, the better.

If you are exempt, then no laws were broken and there is no legal action to be taken. If you are non-exempt, then there was a violation of the FLSA and your best recourse, in your state, is a wage claim with the state.

I am not exempt, what can I do about the hours I worked that were unpaid? What can I do about the documents/time cards that my employer says have gone missing?

 

[cbg]

I just told you what to do. File a complaint with the state DOL. You don't have to do diddly about the time cards - the DOL will take care of that.