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Suing for Overtime?
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?"
"programmer-type"?
What would that meen. Do Network Administrators fall in that catigory? How about website developers? Website designers? I'm wondering, how is it defined, and where is the line drawn?
I would start by making sure I had documentation of all of the hours I had worked and was suing for. I'm not sure how you would prove it otherwise.
Also, if you are working in an exempt position, you're probably screwed since bonuses & comp time aren't typically legally required by the company. Good luck though.
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.)
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.
... altough some could argue repeated.
Are Coders Exempt From California's Overtime Laws?
If you were a contactor and/or paid by the hour, with all due respect, why in the hell did you not bring this up with your employeer immediately. Why did you work 500 hours (over three monts worth) and not say anything until you got fired (excuse me, "left the company")?
Every place I worked where I was paid by the hour made me specify how many regular hours I worked and how many overtime hours I worked with a clear explaination of the overtime policy right above where you sign the time sheet.
I and thousands of us here have been screw over by an employer (or two, or three), but this is unfortunately is your own damn fault.
WOW! /.'s target advertising is brilliant.
As I read this topic on overtime the banner ad has links for:
Time Card/Overtime Calculator Software" to help you track it,
Woodley and McGillivary overtime lawyers and
Edwards and George overtime lawyers to help you sue for it and
Career Builders to help you find a new job when you are done with the lawyers.
~~~~~~~
"You are not remembered for doing what is expected of you." - Atul Chitnis
There are an awful lot of salaried, non-manangement people who've been working bazillions of hours of unpaid overtime.
AFAIK, this is fully permitted by law; overtime pay is specified in the terms of their employment contracts.
If you know of a specific federal law that mandates pay, regardless of exempt status, I (and 60 million other salary-slaves) would certainly appreciate a link to the relevant law.
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That's funny, that is.
My advice is this: quit being such a whiney gayhole. Did you have a contract with the company saying you would get paid overtime? No. You worked the extra hours to get the job done and that's what everyone in interesting professional jobs does. If you were a garbage man then I might be able to see your point...you would expect to be paid per hour worked. But a software position is more task oriented. By that, I mean instead of being expected to work 40 hour/week, you're expected to finish 1 project per quarter (or whatever arbitrary number your manager decides someone in your position should be capable of). If you can't complete the number of required projects in the time given then there's no question: you MUST work overtime and not expect to be compensated for it!
.. Say 'Listen, [insert expletive or name. I suggest 'Jackhole'], I've got 502.75 hours of unpaid overtime. Documented. You raked my ass over the coals with a [layoff/firing/downsizing], and the way State law figures, you owe me $5.71 million in cash and valuable prizes.
Do you want to continue being a [expletive/jackhole], and pay a bloodsucking shark so I can just wring it out of your dying corporate corpse with interest anyway, or do you want to simply pay me 4.67 million and toss in a used Maserati so I won't open a can off class action whoopass on you?
I know Bob in Networking had 747.14 hours of overtime last year, and I'm sure he could use a quality used Lotus instead of putting a new alternator in his Camry. Do you want me to call Bob? Or Gina, in Support?
Or Alfie, the whacko that peed in the punch bowl and groped the VP after four vodka tonics at the company party? He's just gotten out of the rubber room the layoff put him in, I'm sure he'll consult with his friend Old Kentucky Shark and drop by looking to have a good time in his old cubicle after I tell him you owe him three Porsche and a Mercedes, plus whatever is behind door number three in Today's Showcase.. I think he left a back door in the accounting system..
Oh, no.. You [expletives/jackholes, perhaps now is a time to throw in 'asshats'] shouldn't take this as a threat. I'm not threatening anything! How do I know if I'll push some of your psychotic disgruntled ex-employees over the edge? How am I an expert on what the courts will do when Lisa, who wrote your new property management system in her free time, and I'm sure would love to know she still owns it because you dumbasses never made her sign the IP agreement, sues you?
We're all reasonable people here.. Just give me what you owe me, before I beat it out of your cold, lifeless body with a pitchfork wielding lawyer, and then set the pack of dogs on you.
.sig: Now legally binding!