Tim
Valparaiso,#2Consumer Comment
Mon, January 12, 2004
Ask yourself these questions: 1) Are you an hourly employee? 2) Are you actually working in excess of 40 hours per week? (time spent on call does not count). 3) Does this company employ more than twenty five people? If the answers to all of these questions is yes, they should be compensating you for the overtime. If you are a salaried employee you are not covered by the FLSA. If you are not working over 40 hours per week you are not entitled to overtime compensation. For example, if you work four ten hour days you do not get overtime for the excess of eight hours daily. Also, some employers are exempt from the statute based on the size or nature of their business (businesses exempt by virtue of their nature are usually agricultural). If, in light of the above, you still feel that you are not receiving pay for your overtime, you should pursue what is due to you. A good place to start would be to acquire documents (copies of time cards, and check stubs would work great if you are paid weekly, but bi-weekly check stubs ca be problematic if you work overtime one week and not the next) proving past hours worked and compensation. The only problem is that if you are not on a contract specifying a certain length of employment, and you pursue an action to be compensated for overtime, they can pretty much show you the door without any consequences.