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back pay overtime

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hyperstress

Junior Member
What is the name of your state?What is the name of your state? Colorado

I work for a large corporation as a computer technician. We have just been informed that our positions are being reclassified. I went from a IV in my job class to a II in a new one, as well as going from exempt to non-exempt. This ia a demotion in my view, and most of us are not happy with this, as we prefer the flexibility in our schedule to the overtime pay. However, we know we can't do anything about this.

As a result of the reclassification, our employer is going to back pay our overtime for the last 2 years. However, we have found out that it will only be at 1/2 time, not 1 1/2 as we all assumed. We had a long conference call when this all came down, and were told we would get overtime for the last 2 years, but they forgot to mention at what rate. When we fould out through other means, we were told that we didn't ask at what rate they were talking about. Nice, huh? We also found out the the techs in California doing the same job WOULD get 1 1/2 because of the state law. This is not going over very well with everyone else in the country, and there a lot of us in this position.

I am aware of the federal reg's about overtime back pay. They assume that your salary compensates you no matter how many hours you work, and that only the 1/2 payment is due when we are classified incorrectly. I don't understand how this works if my employer is paying me EXACTLY the same salary as a non-exempt employee, and I will just now get overtime when worked. How could it appear that I have ever been compensated for overtime previously?

I'm not sure there is anything that can be done, but as a very large corporation, who sell themselves on "Raving Fans", it doesn't look too good that they are paying off California at the proper rate because they have to, and everybody else gets the shaft.

Any thoughts would be greatly appreciated - I am making myself sick at this point! :)
 


windingmeup

Junior Member
Hyperstress,

Read my posts from the last three years. I went through a very similar situation in California and in the same profession. California State law is very favorable for the employee. Statute of limitations is 4 years. The company originally paid us 1/2 our hourly rate for the last two years. I started a class action lawsuit under California state law. I don't know Colorado Law but you should find this out it will be very important.

Our company paid us off a few years ago (at 1/2 rate) and made us sign an agreement not to sue. However it turned out that we were only giving up this right to sue at the federal level. The company settlement was completed with the help of the Federal Department of Labor (DOL). We basically said that we accept this offer and will not seek further compensation under DOL. The California state law is much stricter though and we could still sue there. I can't comment on Colorado law and whether you would be able to do the same thing. Before you take any settlement I would consult an attorney who specializes in overtime lawsuits and knows your state.

Since you were reclassified your company has already admitted guilt. Thus in a future lawsuit you don't have to prove if you were really doing exempt work or not. You only have to show that you were not paid off correctly under your state law.

Good luck and post your case here as it moves along.
 

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