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Suing for Overtime?

Posted by Cliff on from the for-all-those-unpaid-hours-of-hard-work dept.

An unidentified submitter asks: "There is a federal law that requires all non programmer-type jobs be compensated for overtime. Last year, over the course of a year, I have worked 500 hours of overtime without comp time, bonus, or paid overtime. I have since left the company, and currently I am attempting to sue the company for lost wages. Has anyone ever been in a similar situation, and do they have any advice/tips? Also is anyone aware of good computer/IT labor attorneys?"

4 of 65 comments (clear)

  1. Sorry (The link went bad) by brejc8 · · Score: 2, Interesting

    intel is having a few problems with its hire fire stratergy. The ex employees are taking a class action against the company over the "UNPAID OVERTIME" (Sorry but the website goes a little ott on the capitals)

    --
    Mouse powered Chips, Open source Processors and Lego
  2. Re:compensation != (dollars*hours) by arb · · Score: 3, Interesting

    I think you will soon find that your emloyer considers that they factored in 'compensation' into your original package. At least that's what they "normally" do in Australia.

    True - to a point. Packages are normally deemed to include consideration for "a reasonable amount of unpaid overtime". To the best of my knowledge, there have been no real challenges to determine what constitutes reasonable. I know some unions were trying to define it as being no more than 5-10 hours per week for short periods of time. (ie, not 10 hours per week, every week.)

  3. In California by aaarrrgggh · · Score: 3, Interesting

    In my field, in CA if you make $78k or more you are considered to be in a "management" position, and are not eligible for overtime. I believe the requirement is that a skilled field in a "management" level.

    There are two classifications of overtime-- there are "exempt" and "non-exempt" employees.

    Before you try and sue someone, check your time cards! If you didn't indicate on the time card that you worked overtime (and signed it), then you have lied... good luck getting any money! If the time is documented, but not paid, you have a chance.

  4. Use your Tax dollars by RobertEdwards · · Score: 2, Interesting

    If you'd been paid that overtime, you'd have paid more income taxes, right?

    Give the tax collection agencies a call. Most of them have a tips hotline.

    Also call the national department of labor, and your state's department of labor.

    I will note that based on stories related to me, this sort of fraud seems to be common in the Resterant industry. The stories I've heard were from a waiter who turend in each of his ex-employers to the state, and collected fat back wage checkes each time. Perhaps you should research this on a Waiter oriented web site.