US Department Of Labor Allows Companies to pay less than time+1/2 for overtime, and not pay weighted averages. Longmont Colorado
Tell me, how is it that the Us department of labor, was supplied with Absolute proof, Check stubs showing far less than time + 1/2 for hours over 40. Check stubs also showing less than weighted averages being payed for different rates at different jobs when computing Overtime.
They make it clear that they will investigate this because this is a clear violation of labor laws, based on the information given.
However oddly enough, once they begin their investigation, somehow they decide that->
"The allegation could not be substantiated" And based on the information provided, no violations could be disclosed.
Interestingly, they don't seem to feel it is neccesary to explain how the law allows the employer to not pay lawful overtime or weighted averages when computing overtime rates.
They just say 'nothing found'
"Oh yeah umm we were wrong in initially thinking that the information you provided showed a violation, umm yeah no violations were found"
Let it be known, that just because the law is written in clear english, The mighty dollar speaks more loudly than the law. Clearly This company payed off the investigator, and thats why her tune changed after speaking with the company. A lot of money was at stake for all the employees that were being payed below lawful overtime rates.
The richer are getting richer and the poorer are getting poorer people! This is yet another example of how our corrupt government is allowing this to happen!
Dave
longmont, Colorado
U.S.A.
2 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
A little but about the FLSA
#3Consumer Suggestion
Fri, August 03, 2007
Steve,
Overtime pay IS mandated by federal law. It's in the Fair Labor Standards Act. Most states ALSO have equivalent legislation.
However, unless you are a federal employee, the appropriate course of action would be to file a complaint with your state's Department of Labor (or equivalent agency). This will give you the benefit of the state and federal laws, as one or the other may provide you with greater rights. But if you only file with the federal DOL, your case will only be analyzed under federal laws.
Bear in mind, also, that there are many occupations that are exempt from overtime pay requirements. The majority of these are in professional fields. For example, as an attorney, I am not entitled to overtime pay. Truckers and other commercial drivers are also exempted (not by the FLSA, but by a Dept. of Transportation regulation).
Also, if you are a salaried employee, your pay only has to meet the minimum wage + overtime amount. In other words, if you work 48 hours a week and are paid a salary, the overtime requirement is not violated so long as your income is greater than $300 per week.
Steve
Bradenton,Florida,
U.S.A.
Dave, I see the problem with your overtime battle
#3Consumer Suggestion
Sat, May 05, 2007
Dave,
Payment for overtime is NOT dictated by federal law, therefore the U.S. Dept of Labor is not the agency for your complaint.
Each state has its own laws regarding payment for overtime. You need to check CO State Law.
For example, here in FL, the "legal workday" as defined by Florida law is 10 hours. By state law here and employer is not required to pay overtime until you have worked 10 hours and that rate is 1.5x the normal rate.
Once you find and read the CO State law on overtime, file a complaint with the State wage and hour division.
Good luck.