Not Receiving Overtime Pay On Bi-Weekly Pay

[melissa1277]

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

I am a hourly employee (Asst. Manager) for a restaurant. We get paid bi-weekly.

A couple of us at work noticed on our paychecks that we haven't been getting paid ourovertime. This has gone on for a very long time!! Who knows how much we are all owed in overtime...

Here is what is happening:

First week of paycheck I worked 48 hours... Second week of paycheck I worked only 32 hours (I took a long unpaid weekend). On my paystub it said I worked 80 hours with no overtime. It took the 8 hours of overtime for the first week and put it on the 32 to give me 40 for that second week for a total of 80 for both weeks combined. That is how the 2 other employees check are as well... just diffrent number of hours worked...

I have brought this up to the owner of the restuarant and he told me if we needed more money to pick up extra hours on weekends or stop whining, because this is how it works!

We know this is not right... What can we do to get what we deserve???

Thanks

 

[swalsh411]

Each employee should file a complaint with the IL Dept of Labor. You should have started tracking your unpaid O/T as soon as this started happening because if there are no time cards it will be hard if not impossible to determine what you are owed.

 

[ArmyRetCW3]

Under Federal rules this is what is applicable...

§ 778.104 Each workweek stands alone.

The Act takes a single workweek as its standard and does not permit averaging of hours over 2 or more weeks. Thus, if an employee works 30 hours one week and 50 hours the next, he must receive overtime compensation for the overtime hours worked beyond the applicable maximum in the second week, even though the average number of hours worked in the 2 weeks is 40.

This is true regardless of whether the employee works on a standard or swing-shift schedule and regardless of whether he is paid on a daily, weekly, biweekly, monthly or other basis. The rule is also applicable to pieceworkers and employees paid on a commission basis. It is therefore necessary to determine the hours worked and the compensation earned by pieceworkers and commission employees on a weekly basis.