Overtime violation

[eloxley]

What is the name of your state? Ohio

If an employer refuses to pay an hourly employee overtime that is due, with the argument that he wouldn't be able to afford to give her extra hours if he did, isn't that a violation of FLSA? If so, can a person outside of the immediate situation report it, or does it have to come directly from the employee?

Thank you.

 

[JETX]

If an employer refuses to pay an hourly employee overtime that is due, with the argument that he wouldn't be able to afford to give her extra hours if he did, isn't that a violation of FLSA?

Based SOLELY on the information in your post, it is LIKELY a violation.

If so, can a person outside of the immediate situation report it, or does it have to come directly from the employee?

Anyone can file a complaint, but the state DOL will probably not take any action unless an involved party complains. Simply, you have NO standing in the matter.

 

[ecmst12]

Yes, if they can't afford to pay the overtime, they shouldn't let her work the extra hours. If they need her to work the extra hours, they need to pay the overtime.

 

[Betty]

If they are definitely a non-exempt employee (pay being expressed in hourly terms doesn't automatically make them non-exempt), then it should be reported to the DOL as the other posters indicated.

 

[eloxley]

Thanks

Thanks for the replies. It's the employer of a close relative that is screwing her over royally. Granted, I may not be immediately involved in the situation, but close enough that I'll have to pick up the pieces when it all falls apart. This same employer also withheld appropriate taxes from her pay for an entire year, then tried to convince her to take a 1099 and a partial refund of the taxes at the end of the year! Didn't take much to do the math on that one....!

I'll see what I can find out from the DOL, but any additional insight/advice would certainly be appreciated. This guy has been a PITA for years, and I wouldn't mind it at all if his business took a hit.

Thanks.

 

[pattytx]

What other information/insight are you looking for?