unpaid overtime holidays, ect...

[f'd by da man]

What is the name of your state? CA

I worked for a company in 1999 that did not pay overtime (ot) what so ever. If I worked 58 hours they converted it into straight pay. ex 58 hrs = 40 straight and 18 ot the 18 was divided by 3 and multiplied by 2 = 12 hrs. that particular year I was working 100 hrs + a week and never received proper ot. I never received double time .My question is what are the penalties if somebody turns them in. I.E. tax evasion? Workers comp? Jail time? I'm looking for any ammo I can use, please help.

That's not all, I left that company for about 1 1/2 yrs. and came back in middle of 2001. When I came back policy had changed they now pay 1 1/2 time but that applies for all ot. They do not, however, pay ot if you don't work over 40 I.E. 2 10 hr days 1 12hr day and 1 8hr day = 40 straight.
Also no double I worked 100 + hr weeks and never received any double time. I also worked on holidays with no pay other than straight. Holiday being the 4th of July, I worked 8hrs and only got paid 8 hrs. straight. Again I'm looking for any and all ammo. Please help, thank you.

 

[cbg]

Unless CA law is very different from Federal law (which I grant you is possible) you may be out of luck for anything that took place prior to 2001. Barring a state law that says otherwise, wage claims will go back for two years only; three years if the failure to pay is considered "willful".

I will admit up front that I am looking at a summary of the law and not the law itself. However, I see nothing in the law that requires double time on holidays. Double time appears to be required ONLY when you work more than 12 hours in a single day or more than 8 hours on the 7th consecutive day you work. So if you worked 8 hours on July 4 and got paid for 8 hours at straight time, that would appear to be correct.

Time and a half is required for any hours over 8 in a day or for any time worked over 6 consecutive days. There are exceptions for certain, specified alternate work schedules.

My source does not list the penalites, however, I assure you that it will only involve a fine to the employer. They will not be charged with tax evasion and no one is going to go to jail. Workers comp is totally irrelevant; that has nothing whatsoever to do with this situation.

Unless you are planning to try blackmail, I don't know what you need "ammo" for. All you need to do is contact the state department of labor and they will take it from there.

 

[Beth3]

ammo? You don't have to quote the law to the DOL. They already know what it is. If your employer violated State wage and hour laws and the SOL hasn't run out, they'll pursue your complaint.

 

[JETX]

"Please help, thank you."
*** In addition to the absolutely correct answers (no surprise) by cjg and beth, I would also suggest you change your name on this forum. The one you have 'chosen' is both offensive and implies (by tone) that you are an ignorant, uneducated, disrespectful, repugnant, unmannerly idiot.