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Has anyone reported a company to the Department of Labor for unpaid overtime? - gettinoutofthebizMT

Posted: Aug 06, 2011

If you have, can you explain the process? Did you supply them with a weekly log of your hours? Did you file to the state you reside or the Department of Labor where your company has its main office? How long did it take to get your check;-) How were you paid - did they figure an average hourly rate as we are paid per line? Any info appreciated.

Unpaid - Overtime

[ In Reply To ..]
Go to the Web site of your state's department of labor; read about overtime and unpaid overtime and what steps to take before filing a complaint.

Been there, done that. Didn't give me the answers - gettinoutofthebizMT

[ In Reply To ..]
to the questions I had listed. Thanks though.

OT not paid - anony

[ In Reply To ..]
I'm not sure, but I think the production pay aspect of this covers them i.e. if you are on shift, but not actually working (typing) they can get out of calling it time worked. Not sure about that, but it is what I was told by someone who tried to do something about this.

that's why companies are implementing these 'time stamp' programs. - not inhourly anymore, totoe

[ In Reply To ..]

While is comes off as a big brother monitoring system and pain in the arse to keep clicling on and off every sneeze, cough and burp, it documents and protects both the mtso and mt for issues like overtime.

You can be an employee but this is no hourly job and so don't think in those terms. Can't say, well I worked 12 yours yesterday adn didn't get overtime, unless you get paid by the hour and we don't. They can look it up and say, oh, but you only really worked 8 of those 12 hours logged on and guess what? doesnt include breaks.

The average mt actually works 6 - 7 hours in an 8 hour shift ON PRODUCTION PAY. But that same 8 hour shift would be considered working 8 hours ON HOURLY PAY.

and if you don't have some type of time stamp or time card program - no proof of anything.

Think you are all incorrect and companies depend - gettinoutofthebizMT

[ In Reply To ..]
on us not having the proper information in terms of our OT. The company must be able to figure an hourly rate (based on an average of your pay period) even though we are paid CPL. They have to give you the dates and times of the 40-hour week and you certainly can include in your logging of your hours time spent in research, printing, training, emails and everything included,even watching your Q for work to become availabe, etc. What other industry do you know that would not pay for time you invested in performing your duties? I will never work on a time stamp by report company. I will work for a company that says you can only put down 40 hours a week on a time sheet without having OT approved - but will not work over 40 hours usually if it is not approved as OT. I think this is only fair and we need to look out for ourselves in this industry or any other - cuz nobody else is gonna.

It depends on the state you live in. - Home workers are defined on the state level.

[ In Reply To ..]
Because our pay is piecework, it is differently defined. In one state, if you are required to come inhouse for any reason, the company has to pay mileage. In another, you get no pay for driving time. Just have to see what your state does.

I don't believe this is true. I think there are basic guidelines at the federal - level to prevent such abuse. nm

[ In Reply To ..]
x

Investigate it yourself; I have been an inhouse supervisor - for home MTs in 2 states.

[ In Reply To ..]
It is defined at the state level. That is what you will find if you check the federal guidelines. The particulars are left to the states. I had to investigate all that when I implemented home stations for our MTs. It is not as you suppose.

Then how did MQ manage to get their wrist smacked when they had to pay out - all the back OT? nm

[ In Reply To ..]
x

They didn't have to ultimately. - Only a few got paid back OT.

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The rest was in the settlement that benefited AHDI but not the MTs.

Maybe it's been a while. - sm

[ In Reply To ..]
But according to FLSA, home workers have the same requirements/entitlemens as in-office workers, including minimum wage and overtime. The only wiggle room the state has on that is how they define their OT; for example, in CA I think it's more than 8 in a day, whereas most other states is more than 40 in a week. Ditto as to how much minimum wage is.

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