Not Paid Overtime

[bubbasmom]

What is the name of your state? NJ

A few years back I was working excessive overtime (70+ hours) and my boss said he couldn't pay me overtime or anything (I was getting a straight 40 hour salary). I just recently found out many of my co-workers were getting paid overtime (at the time) and continued to up until recently when the company stopped overtime. Can they do that? Refuse to pay me overtime because I had to many hours menwhile pay others overtime?

 

[CraigFL]

They can if you were an "exempt" employee and your co-workers were non-exempt. We need to know more information to determine if you were a legitimately exempt employee...

 

[bubbasmom]

How would I know if I were an exempt employee - what is the difference?

 

[moburkes]

what were your job duties and responsibilities?

 

[Beanie711]

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.htm

explains the different exemptions possible based on your job duties. I already put the page at "administrative exemption", but if you would like to check out the others, click on the highlighted words (executive, professional, outside sales, and computer). If you fall under any of these exemptions, your employer need not pay you any overtime. If you do not fit in any of these exemptions, your employer must, by federal law, pay you overtime.

If you give us an idea of what you do, we can help you come to a conclusion.

ETA: On the right hand side of the screen, in the blue, there's a heading called "FairPay Fact Sheet" and if you click "by occupation" it lists other occupations and explains which ones are specifically exempt from OT.

 

[bubbasmom]

Not paid overtime

Thanks for the advice - I kind of fall under administrative BUT there is an exception in there about working for my employee's customer which I do. I even work at the customer location & only handle that company's paperwork. It might be worth looking into.

Thanks

 

[pattytx]

And how many years ago was this? Do you still work there and, if so, is it continuing? There is a statute of limitations on how far back you could claim unpaid overtime wages, even if it is determined that you were nonexempt and due them.

 

[bubbasmom]

not paid overtime

it was 2 years ago. I am still there. Overtime did not continue because they finally hired another person. I only found out 2 weeks ago that others were paid OT when I was not

 

[cbg]

The legal issue is not that others were paid overtime and you were not. The issue is whether or not overtime was due.

If you were exempt, there are no circumstances whatsoever in which the law requires that you be paid overtime, regardless of what other employees may have received. The law permits an exempt employee to be paid overtime. It does not, in ANY circumstances, require it.

If you were non-exempt, then you are due overtime again regardless of what happened with other employees.

The ONLY way it would matter what other employees did or did not receive that I can think of, would be if it were determined not only that you were exempt, but that the other employees were also exempt AND that you were denied overtime, when it was granted to others, BECAUSE OF your race, religion, national origin or other protected characteristic.