Overtime Law Violation in Arkansas

[jxhopper]

I worked at 'a company'(employer) starting in September of 2003. I began as an intern during my final senior semester in college. Beginning January 1, 2004; I accepted the employer's offer for a Data Administrator position for a $35,000 a year salary. The position said it was an "overtime exempt" position. I almost did not take the job because of the overtime exempt classification. I tried to negotiate for overtime pay, but was told that we rarely had to work overtime and that I would receive extra time off for any overtime worked. I was told the employer was "getting away from the overtime thing" Around the second week in January, I began to work extreme amounts of overtime weekly. Conservatively speaking, I worked overtime averaged AT LEAST 30 hours per week. I was a member of a development team, of which they can all attest to the amount of overtime we were forced to perform.

I respectfully complained to my hiring supervisor about being told that I would not be working much over time (a couple hours a month MAX), and that it was part of my terms for accepting the position. I was essentially told that it was just part of development, and that if I wanted to continue employment I would stop spreading "bad work attitude" to my co-workers. I could not afford to be out of a job, so I had to continue to work. The ridiculous hours continued, sometimes bumping 60 hours a week of uncompensated overtime. Another member of the team began complaining about the very same thing. After working those extended periods of overtime for nearly 3 full months, I was laid off (along with the other most vocal member against the abuse). The firing came just 1 day after recognition by my Business Unit for hard work and dedication.

I feel the employer retaliated for my voicing of their unfair overtime burden, even though I had continued to work hard for ludicrous periods of time which sometimes stretched over 16 hours in a shift. During these times, my team was forced to work in a "war room" after all other employees of this company had left many hours prior.

I left my job at this employer quietly and very frustrated, wondering how a company could lay someone off that was dedicating hours of hard work for free.
Everything became clear to me around the day of November 1, 2004. Nearly 7 months after my being laid off from the employer, I received a Federal Express envelope from the company. Inside was a letter stating that a check enclosed for $380 was being submitted for any overtime I may have worked during my employment with the employer. Also enclosed was a U.S. Department of Labor form WH-58 stating that the employer owed me for overtime that I completed while employed.

I found out the employer had been sued for refusal to pay proper overtime in accordance with the Fair Labor Standards Act. They had unlawfully classified the Data Administrator position as FLSA (Exempt). The Department of Labor forced them to change the classification to Non-Exempt, and to be liable to employees for lost wages. The employer, of course seeing opportunity, mailed all of the position holders pitiful checks like mine that are a joke for compensation of the hours I worked. Of course the employer is hoping you just cash the check as the fine print reveals a waiver of your legal rights to recoup all of your overtime: 1.5 times your hourly rate for ALL overtime hours worked, + an equal amount for damages + all legal fees incurred to be paid. I figure according to my calculations, that reimbursement for my hourly time and a half for the overtime worked is at least $8,000. According to the FLSA, the total owed should be at least $16,000 + legal fees.

I need advice or legal help concerning this matter. I believe not only did the employer willingly refused to pay lawfully required overtime pay, but they also retaliated against me and others for being vocal about having to work endless hours for no compensation.

Can anyone help?? Thanks so much in advance!!

 

[jxhopper]

No advice from anyone?

 

[cbg]

Only that you call the DOL and ask them.

 

[jxhopper]

That's the first thing I did. The DOL was not that helpful. All that calling accomplished was that they confirmed that the employer owed me overtime. They said an investigation was conducted and they determined the employer should have paid me and others for any overtime worked. They would not elaborate on what I should do if the amount was not equal to the hours worked (clearly a laughable amount was offered by the employer)

Beyond that, they would give me no other advice and were actually rather short on answers. Their most common answer to my questions was:"That's a decision you will have to make"

Thanks,

Jason

 

[cbg]

Well, meaning no disrepect, Jason, but if the regulatory agency that oversees this type of violation can't answer your question, what make you think we can?

I suspect the reason you didn't get any answers initially is that from your post it was clear the DOL was already involved and they are the final authority. You are free to talk to a local attorney if you think not enough was done.

 

[jxhopper]

Well, I am sure they could have provided more information on my options than they did. The representative that I spoke to sounded like he did not want to discuss the matter with me. I posted the information with hopes that someone could give me an opinion of the validity of a potential case. I am having a hard time looking up anyone here in AR that specializes in this type of case.

It seems to me that this is a very cut and dry situation.

I asked him(Dept of Labor officer) how the determination was made on how much was owed. He said that the investigator and the employer 'calculated' it. When I asked how, he would give me no further information. When I told him that the check I received was no where near an accurate representation of the hours I worked, he had no advice or options to give.

He was not helpful.

I thought the DOL was supposed to help those who have been violated under overtime laws.

 

[jxhopper]

Well, meaning no disrepect, Jason, but if the regulatory agency that oversees this type of violation can't answer your question, what make you think we can?

I suspect the reason you didn't get any answers initially is that from your post it was clear the DOL was already involved and they are the final authority. You are free to talk to a local attorney if you think not enough was done.

Well.....uh, I know that's an option. One that I plan on exploring. Frankly anyone can talk to an attorney about anything.

Does anyone have any suggestions/comments? Obviously I am not looking for the painfully obvious.

 

[jxhopper]

OK....new question since I don't seem to be getting much of a response.

Does anyone recommend an attorney in the central Arkansas area (pref Little Rock) that would have experience with such circumstances?

 

[cbg]

These forums do not do attorney referrals. There is a Find A Lawyer section elsewhere on this site.

 

[Beth3]

I believe not only did the employer willingly refused to pay lawfully required overtime pay, but they also retaliated against me and others for being vocal about having to work endless hours for no compensation. An employer being in violation of the FLSA does not mean it was a willful violation. Often, it's just plain ignorance of the law. If the DOL determined that was the case here, then they likely wouldn't impose additional penalties as a punishment. As to the retaliation, you didn't complain about any unlawful activities to your employer. You complained about the excessive hours you were working; you didn't complain that you believed you were improperly classified as exempt and therefore should be being paid OT. That's a different matter.

I've only had one experience I had with an FLSA violation may years ago and in that instance, the employees involved were asked to write down the hours they worked each week for a two year period. Since nobody had any records of their actual work time, the company had to pay back OT based on whatever the employees said they worked.

As I said, that was quite a few years ago and I don't know if the process has changed. I too find it odd that the employees involved weren't contacted by the DOL or that they required the employer to do so in order to obtain the employees' input into how many hours they had worked.

jason, I advise two things. (a) Call the DOL back and see if someone else there will be more helpful. Perhaps ask for a Supervsior. The key question is the basis on which they determined how much back OT people were due. (b) failing that, speak to an employment law attorney familiar with how the DOL handles these types of violations.

 

[jxhopper]

Beth3,

I greatly appreciate your response. I will try to recontact the DOL and see if I can get further assistance from a different contact.

I also thought that the difficulty in the situation is getting an exact record of the hours we worked with the company. The company did not track our overtime hours. However, my team leader and boss did keep an excell spreadsheet of our overtime hours that I am aware is STILL in her possession. I spoke with a fellow ex-coworker that still works with the company and he claims to have seen the document just a few days ago. He promised to get a copy for me, but I have come to the realization that this will not happen. He's avoiding my calls and probably decided better of it.

Again, thanks for the help...

Jason

 

[jxhopper]

An employer being in violation of the FLSA does not mean it was a willful violation. Often, it's just plain ignorance of the law. If the DOL determined that was the case here, then they likely wouldn't impose additional penalties as a punishment. As to the retaliation, you didn't complain about any unlawful activities to your employer. You complained about the excessive hours you were working; you didn't complain that you believed you were improperly classified as exempt and therefore should be being paid OT. That's a different matter

Also, I did address this with the employer. When I first began the position, I found that there were Data Administrators that were classified as non-exempt. I brought this to their attention and indeed told them that I thought I should be under the same classification. This is when I got the "we're getting away from the overtime thing". Funny that the new DA's that were hired as exempt were all part of my development team that management knew would be workng massive amounts of overtime. I believe fully that they knowingly mis-classified us.

Too many things point to misuse rather than ingnorance.