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Am I entitled to overtime?

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MDovertime

Junior Member
What is the name of your state? Maryland.

I work as a dispatcher at a towing company. They pay the dispatchers on a per-day basis. If I work half a day I receive $50. If a full $100. My employer has recently advised the dispatchers we will be required to work 6 days a week, 48 hours, with no overtime. Is this legal? On our paychecks it says 'Commission'.
 


MDovertime

Junior Member
When I first started employment here I was unaware that this could possibly be illegal. I was made to work the worst hours possible along with 6 days a week. Im afraid that if I confront the owner about the overtime situation (I really dont want to work 6 days a week, I just got out of the hospital for depression/anxiety and I have an extremely stressful job) that I will be fired or they will nitpick a reason to get rid of me. They do a good number of shady things, Example: I work 5 days a week. They show 2 days on my paycheck and pay the remainder in cash (to avoid taxing problems for themselves?). I dont believe I fall under the white collar aspect of the overtime law because I am not a manager. I have to check with a manager for any possible issue that arrises with customers/coworkers.

I guess what im trying to get at is this, should I even bother with pursuing this? I need my health insurance and I cant afford to not work. But for my own health, I cant work 6 days a week. I have contacted a lawyer but im afraid any lawyer I speak with will be more concerned with possible monetary gains then my well being. I know this is more of a suggestion forum, any help/advice is greatly appreciated.

Edit: Also possibly worth noting. I get no scheduled breaks for food or whatever else. It's simply, if I have the time to go outside and smoke, or eat while im working, then I do. If not I dont do either.
 
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pattytx

Senior Member
You must receive at least 1.5 times your regular rate of pay for all hours worked in excess of 40 in a work week (7-day fixed period as defined by your employer).

So let's say, for example, you actually worked the 8 hours per day, 6 hours per week (excluding meal breaks, if you get them) and the work week is Monday through Sunday:

That's $600/48, so your regular rate of pay is $12.50
8 hours OT at $12.50 * .5 = $50 premium pay (you've already received the straight time portion as part of the $600.
Total pay due = $650

This would be the proper way to calculate it. If they are not doing that, you can file a claim for unpaid overtime with the state Dept of Labor. You don't need to pay a lawyer for this; enforcement of the wage and hour laws are part of the DOLs job.

Do you ever work varying hours per day? If you need that calculation, I can give you an example of that too.

However, there is nothing in Maryland law, to my knowledge, that prohibits the employer from requiring these types of hours. You may have to bite the bullet until you can find another position with hours more to your liking.
 

MDovertime

Junior Member
There are times when I get out of work 30-45 mins early. My issue is they are making it mandatory for me. I have no choice and I know 100% they are not paying me overtime for it. Its a private company. I know that they are obligated to pay me 1 1/2 for the extra 8 hours. Is it legal for them to not pay me the overtime? Would my current position classify me as exempt? If I dont work I dont get paid, so im not salary. But im not really hourly either. I get no breaks. My initial year here was spent working 6 days a week, 8 hours a day with no overtime, the 6 months following I had random 6 day weeks. I finally got them to give me 5 days a week, because I was fed up with having to work overtime for free, and now they are once again trying to make me work 6 days a week.

Is it worth the trouble of pursuing this? I have an appointment with a lawyer tomorrow. I figure the total overtime I have not received would probably be in the 4-5k ballpark. I have a coworker who is fed up as well and is very interested in hearing what a lawyer has to say in regards to this.

I would'nt mind working the overtime so much if I was paid for it. My coworker works sometimes 56+ hours a week with no overtime.

Another question is, are breaks mandatory in Maryland? Are we supposed to be given an aloted amount of time per day?

Thanks for replying, all advice is greatly appreciated :)
 

cbg

I'm a Northern Girl
That one I can answer. Breaks are optional in MD unless you are under the age of 18.
 

pattytx

Senior Member
As a dispatcher, my opinion would definitely be that you are nonexempt. They must pay you overtime for over 40 hours in a work week, as I already stated.

But, now you add that you sometimes are dismissed before the end of your shift. That's a new piece of information. If you work less than the full shift, do you still get the full $100?

And, as I stated before, you DO NOT need an attorney for this. why pay an attorney a portion of your recovery when the DOL will do it for free? File a claim for unpaid overtime with your state Dept. of Labor.
 

MDovertime

Junior Member
Yes I do still get payed the same. There are times when I leave 30 minutes or so early. The company keeps no record of my hours, just the days that I have worked, if that. Like I said before, they use pretty shadey business practices. I spoke with my lawyer today and he advised me to deal with it for the time being as you suggested. He also advised I am due overtime. But more then likely if I were to bring the subject of overtime up, they will nitpick a reason to get rid of me.

Sorry to keep pestering you guys, but I have another question :)

When I spoke with my lawyer he advised me that I could speak with my psychiatrist and have him write a letter saying I should not work over 40 hours a week for health reasons. Is this viable? Obviously I would not have him lie, but if he feels I shouldnt (my doctor advised me I shouldnt), would that work?

Thanks
 

cbg

I'm a Northern Girl
No. A doctor's note has no force in law. With limited exceptions, just because a doctor writes a note saying the employee should only work x hours, doesn't mean the employer has to honor it.
 

pattytx

Senior Member
BTW, according to the record-keeping provisions of the federal Fair Labor Standards Act, and employer must keep records of all hours worked for all nonexempt employees. Looks like your employer would have a violation there, too.
 

MDovertime

Junior Member
cbg said:
No. A doctor's note has no force in law. With limited exceptions, just because a doctor writes a note saying the employee should only work x hours, doesn't mean the employer has to honor it.
The lawyer said something about the American Disabilities Act and how a doctor saying that, because of my depression/anxiety problems, I should not work over so and so hours a week would obligate the company to not force overtime on me.

I take it he was wrong? :(
 

cbg

I'm a Northern Girl
Not necessarily, but it takes more than a doctor's note for you to be entitled to an accomodation under the ADA, and neither you nor your doctor get to pick what accomodation you get.
 

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