Help me with the law regarding overtime pay?
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Help me with the law regarding overtime pay?
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My employer is refusing to pay me overtime. He is claiming that the law does not apply to me, and that I am exempt from the Fair Labor Act because of my job title. I have been out of work for 7 years due to a massive injury and this is my first foray back into the work world. He knows I am desperate for the work and I believe he is taking advantage of my because of it.
I work in NC during the flu shot season (October through November) at various flu clinics in my area. My job title is "admin" - basically I assist patients with filling out their insurance paperwork before they get their shot. Now I have discovered that certain "administrators" are exempt from the fair labor act, but I am hardly an administrator. I supervise no one and my job requires no expertise or education. I merely fill in three sections of a form, show the patient where to fill in the rest, and send them to the nurse. I feel my employer has only titled me an "admin" in order to circumvent the law regarding overtime. I make 9 dollars per hour and work about 50 hours per week. It's hard for me but I did it because I need the money to support my son. And now I know I am being taken advantage of and lied too. Please help me!
Additional Details
To be clear, I am NOT management. I manage no one. I have no authority over anyone or anything. I merely copy down some information from someone's insurance card and show them where to sign. That is hardly management. I am not going to roll over and allow myself and others to be abused just because I am glad I have a job. That's ridiculous. That is like saying a woman shouldn't report harassment because she doesn't want to get fired.
Also, to be clear I gross $360 a week (40 hrs), unless I choose to work weekends (which brings it to to 50 hours and $450 which is STILL less than the required $455.00). I am not salaried either. That means I do NOT meet the qualifications for exemption.
Now my question remains: how do I best report them? How do I fight this?
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covinher
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As I understand it, this is consistent with the law. There are several classes of "exempt [from OT and minimum wage]" positions, including any administrative worker "salary-exempt".
http://www.nclabor.com/wh/fact%20sheets/overtime.htm
the NC site delegates to:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.200.htm (desc of administrative worker)
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.203.htm (examples of administrative workers)
IIUC, to be counted as a salary-exempt administrative worker, you should NOT be paid hourly and should be making (gross) at least 455/week. This is about what you make w/o time-and-a-half, so you might not have much of a recourse (because he could simply pay you a salary of 455/week and require you to work 50 hours and claim you as salary-exempt administrative worker)
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Judy
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That sure doesn't sound like a job that's exempt from the FLSA. You could call the labor department and ask them. But warning, you might end up with no job at all.
Good luck. Yes you are almost certainly being lied to and cheated. |
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Angie
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You need to contact your state Department of Labor. File a complaint with them. Be sure to keep your own record of your work hours. Write it down now, so you don't forget later. Based on the description you provided it doesn't sound to me as though you would be classified as an exempt employee. Report him. |
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kapn
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Sorry.........your management.........that's the way it goes.......be glad you have the job you have......if you make too much noise you will be back out on the street.......hundreds of people would love to have your job......
report all spammers........ |
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Gambling
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Deception
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