Exempt / Non-exempt Status?
Find answers to your legal question.
Exempt / Non-exempt Status?
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I work for a large engineering firm for 25yrs...engr tech/cad, recently due to title change...someone discovered the I was missed classified as exempt (paid straight time) for many years (thinking that was part of the work I do), which I was supposed to have been non-exempt and HR re-classifed me the correct 'non-exempt' status (O/T -time and a half).
Question: With all the O/T (overtime) I worked in the past, do I have any re-course for the pay I didn't received? Are they trying to cover their asses?
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Frederick R
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depends on where you are
in the US the statute of limitations vary from state to state but generally a wage claim can be filed for up to 3 years after the fact. some states it is just 2 years.
there will also be the availability of proof as most exempt employees don't keep time records but if it was "understood" (by you and the employer) that the job required 50 or 60 hours a week then that in itself is proof of hours worked in lieu of accurate time records. the most you will be able to re-coup is 3 years worth of overtime if that much.
contact your employer, have a discussion about your concerns and see what they offer to make this error go away..... if they don't do the right thing then file a wage claim with your department of labor. |
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edmdood24
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Of course there is records of how many hours he worked . Yes you can recoup this , it happened in a class action lawsuit for example at two Big canadian banks primarily Bank of Montreal workers for years evens ome up to 20 yrs were not being paid the proper OT. some recieved checks of up to 30 000 over the course of their career at the companies. I would ask to seek free legal consultation at a tax lawyers office doesnt hurt . |
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molly
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It depends on how you recorded your time - if your Supervisor/Boss signed a timecard showing that you worked hours over 40 or you "clocked in & out" in some other way that can be reviewed you may have recourse; if there is no such record you have no recourse. |
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