Non-exempt Employee Forced to Work Overtime

[rse4vt]

What is the name of your state? DC

A friend of mine is working as a non-exempt employee for a non-profit. She has been expected to work over 40 hours per week, and has also been forced to sign a sheet every week stating that she only worked 40 hours that week. This is done with full knowledge by her supervisors that she is working more than those hours.

She has now been required to work additional hours during the weekend, again uncompensated.

She is concerned that raising the issue will result in her losing her job or possible advancement in the organization.

What are her options and how should she cover herself should she a) be terminated or b) decide to seek restitution for backpay?

 

[Beth3]

Federal wage and hour laws require that non-exempt employees be paid time and a-half for all hours worked in excess of 40 in each 7-day payroll period. The same law (the Fair Labor Standards Act) also requires employers to keep accurate records of all hours worked by non-exempt employees. Not only is this company not complying with OT pay requirements, they are deliberately falsifying timesheets.

Your friend is free to file a complaint with the federal Department of Labor. Your friend should also be advised that it is unlawful for an employer to retalliate against an employee for making a good faith complaint to a government agency.

 

[steeleyang]

Working overtime and Holidays

I'm a salaried (exempt) employee who works 40 hours per week. I am required to travel on occasion for business. Today, I over heard a conversation between my boss to another manager saying that I would have to travel on July 3rd, 4th, and 5th or else I wouldn't get a paycheck. This really bothered me because the 3rd/4th is a weekend, and the 5th is a national holiday. I just want to know what my rights are? Please help?

 

[Beth3]

You have the right to tell your manager about the conversation you overheard and ask if you indeed will need to be travelling on company business over the holiday weekend. FYI - no employer in the private sector is required to offer any holidays, paid or not. A particular date being designated a national holiday only means government offices are closed.

While it is unlawful for your employer to refuse to pay you, I'd guess that was a flip comment and not meant literally.

 

[azgrandpa]

Beth3, since you seem to be the authority on this subject; I'll ask you this question on rse4vt's behalf.

We know that an employer is prohibited from retaliation for raising an issue such as this, but we all know they do anyway! They just use some other excuse, after a reasonable time to terminate you!

If rse4vt wants to make a career of this job, then he/she will have to accept this as a price he/she will have to pay to move up the ladder. BUT, what should rse4vt do to document the fact that this is happening? He/she will want to "collect" big time if he/she leaves the company or is terminated!