Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Unless you live in a right to work state (might even apply to these, haven't read up on it) you are most certainly entitle to overtime pay regardless of your company's policy.....
1) it's probably illegal. the question is whether you want to do anything about it. if so, you can file a complain with the labor board, etc.
2) if you complain, you will probably get fired at some point. sure they might wait a little bit so that it's not obvious retaliation but who knows, they might just retaliate anyway and they don't care if you're going to sue them, etc.
3) in the end, you will be out of a job and looking for a new job. if you want to quit anyway, you can explore this.
4) the world is smaller than most people think. if you sue, it will be a black mark on your candidacy when future employers look at you. how will they know? the world is smaller than most people think.
when i ran a startup, i had one guy who sued us for giving him his final paycheck too late. the law was (and he was right) that he gave 2 weeks notice. since he gave us enough notice, we owed him a physical check on his last day. our payroll was handled by a 3rd party and they mailed him his check on his last day so we didn't have it to hand it to him in person. he said that legally we need to hand him his check and if not, he can and will sue us for every day (including weekends) until he has a check in his hand.
he sued us. we paid (after all, he was right). but you can guess what happened a few years later (and a few years after that) when his resume came across my desk...no company wants a sue happy employee who seems to know a little bit too much about employment law.
it's like when i see people insist on crossing the street onto oncoming traffic because they have the right of way. do you really "win" if you get hit by a car and you're paralyzed for the rest of your life even if you get an insurance settlement?
I work typically a 9 - 5 office job; boss asked me to work on Saturday mornings (OT) if so wanted but we are not entitled overtime pay (time and half past 40 hours.) Isn't it against the law not paying time-and-half past 40 hour workweek for overtime? I get paid hourly; not salary. I work as Admin. Assistant at a small office firm (13 people.)
Everyone wants to screw the worker. The Fair Labor Standards Act of 1938 gives you the right to be paid.
Are others working Saturday also?
Are they also hourly?
1) it's probably illegal. the question is whether you want to do anything about it. if so, you can file a complain with the labor board, etc.
2) if you complain, you will probably get fired at some point. sure they might wait a little bit so that it's not obvious retaliation but who knows, they might just retaliate anyway and they don't care if you're going to sue them, etc.
3) in the end, you will be out of a job and looking for a new job. if you want to quit anyway, you can explore this.
4) the world is smaller than most people think. if you sue, it will be a black mark on your candidacy when future employers look at you. how will they know? the world is smaller than most people think.
when i ran a startup, i had one guy who sued us for giving him his final paycheck too late. the law was (and he was right) that he gave 2 weeks notice. since he gave us enough notice, we owed him a physical check on his last day. our payroll was handled by a 3rd party and they mailed him his check on his last day so we didn't have it to hand it to him in person. he said that legally we need to hand him his check and if not, he can and will sue us for every day (including weekends) until he has a check in his hand.
he sued us. we paid (after all, he was right). but you can guess what happened a few years later (and a few years after that) when his resume came across my desk...no company wants a sue happy employee who seems to know a little bit too much about employment law.
it's like when i see people insist on crossing the street onto oncoming traffic because they have the right of way. do you really "win" if you get hit by a car and you're paralyzed for the rest of your life even if you get an insurance settlement?
Everything you're saying is very obvious. With google and facebook, she will be effectively unemployable. Even a little blurb in some newspaper will appear online at some point. All the potential future employer will have to do is google her name.
I would just quietly look for another job and leave the company when another offer comes in. The lesson? Next time find out about overtime $ before they hire you. Why would you not? And read the fine print.
Would reporting then to the DOL also get them unemployable? I am just curious because it isn't as obvious as a lawsuit is with who made the allegation.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
