Need legal advice concerning previous employer.?
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Need legal advice concerning previous employer.?
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I worked at a local pizza place for over a year. Was promoted to Assistant Manager. Spotless record. I was the only management person other than owner. He still did payroll and corporate paperwork. I started noticing over time I was not getting paid for the hours I worked (often hours missing from paycheck). Then I noticed I did not get paid overtime- I would work 52 hours in a week and get paid the regular rate for all those hours. He claimed since he paid every other week, that was alright. When I confronted him he would change subject or leave.
Right before I left I asked about a payraise I was promised months earlier. He denied it. He then started harassing me about asking for the raise. So, having had enough, I put in my 2 weeks. For those last 2 weeks he kept harassing me. Now I want to know if I can do anything to get my just pay back. I live in Iowa and everything is done on manual time cards. Please, any advice is greatly appreciated. I just want to know if it's worth getting a lawyer/law suit or not, etc. Thanks so much!!
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susanmarie
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Actually, if you supervised 2 or more employees you are technically in management and he didn't have to pay you overtime at all! He should have been paying you a fixed salary. (Welcome to the world of management!)
If you can get a free consultation with an attorney it is worth talking to one. An attorney may be able to make a case based on fact that he did pay you hourly, but I sincerely doubt that you have a case. |
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Judy
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You didn't have a legal right to a pay raise, even if he had promised it to you. But you DID have a right to get paid for ALL of the hours you worked - and to get paid time and a half for hours you worked over 40 in a week, that's federal law, and it doesn't matter whether he paid weekly or every two weeks. This is if you were paid hourly. If you were paid a salary, it's possible that if you made over $455 a week you were exempt from the FLSA wage and hour law, as a management employee.
If you were hourly, you don't need a lawyer. Take your records of your hours, and your pay stubs, and report him to your state department of labor. They should help you get your back pay.
Good luck. |
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Bret
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Unless things are totally different in your state, the answers you are getting are not correct. There are federal and several state laws that are in effect having to do with payroll. Being in a Management positions does not override those laws. How you get paid can be a determining factor. If you are paid hourly, you were probably entitled to overtime pay usually for time worked over 40 hours unless there is another agreement in writing. Even with an agreement there are still limits. Most Management position pay salary. This was developed in order to get the job done without having to pay overtime. This too has been changed through the legal system and limits have now been established so employers cannot take advantage of employees with titles. If you feel you were taken advantage of, you should file a complaint with the appropriate agencies and discuss the matter with an attorney. It might be more trouble than it's worth though. If your employer was trying to not pay your for a few hours, they probably don't have any money. |
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