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Employee rights question - see msg plz

Posted: Apr 07, 2014

I've searched myself and cannot seem to find correct information so if anyone has any answers I would certainly appreciate it. Since I am an-home MT working piece rate (production only) and not paid hourly, can my employer? A. Enforce mandatory unlimited OT... B. Enforce such until further notice... C. Fire me for refusing/not complying to OT hours. I am FT, 40 hours a week and my MTSO is on mandatory OT until further notice (I am not complaining per se about the feast right now because I certainly have gone through periods of famine NJA as well); however, if any of us are not able to work OT we have to email our supervisor and let them know why. Why? BECAUSE I HAVE A LIFE OUTSIDE OF MT! That's why!! I'm all for being a team player and getting the lines in while I can get them, but we are not paid hourly or OT pay or any differently. Just produce more to make more. How is that overtime? I guess I'm asking what if I just put in my regular 40 hours, meet my line count/QA requirements and just do the basic minimum to get by, and I'm fired for it, would I be able to collect UE? TIA

I would say "No" to A,B, and C - sm

[ In Reply To ..]
I would have to do some research to be sure. You could always contact your state Dept of Labor. Either way, UE benefits are accrued by being employed. UE benefits are not a penalty assessed on bad employers.

Unfortunately yes to A, B, and C - But..

[ In Reply To ..]
Each state has it's own labor laws, but there are also federal labor laws, and while these laws may vary between state and federal in regards to mandatory OT, they agree that non exempt employees must be paid OT.

The majority (if not all) states are right to work states, which means you can be terminated for any reason at any time, but unless you were dismissed for committing a crime (more info in the links below), you should be able to get UE. Check your state labor laws as well as federal laws for more info.

Below is a short article on OT payment as well as two links on the subject. If you are a non exempt employee and you are not being paid OT, the company you work for has not been caught yet. You can contact your state as well as federal labor boards about this. Many of us have already taken the stand on the OT payment issue and the company was made to pay us back pay as well as fines. Don't doctor your time sheet, keep an accurate record of your hours, refuse to make the changes regardless what your manager says. Let management make the changes. Good luck to you.

Is it Against the Law to Not Pay Overtime?
By Natalie Grace

The United States Department of Labor administrates the Fair Labor Standards Act (FLSA), which governs federal overtime laws. If the state has overtime laws, the state labor department administrates them. An employer is required to pay overtime, if federal or state law requires it.
Other People Are Reading
Labor Laws on Overtime in Texas Is it Illegal Not to Get Paid Overtime?

Determination
Under the FLSA, covered nonexempt employees must receive overtime pay at one and one half times their regular pay rate for work hours exceeding 40 for the workweek. State law may have different requirements. For example, California employers pay overtime for work hours exceeding eight, and double time for hours exceeding 12 for the workday, and overtime for the initial eight hours worked on the seventh straight day of the workweek. When both federal and state law apply, the employer uses the one that gives the employee the most wages. If the employee is entitled to overtime under federal or state law and the employer does not comply, the latter is in violation of the respective law.

Applicable Employees
Federal overtime laws apply to employees classified as nonexempt and are covered under the FLSA. For example, an employee has FLSA coverage if she works for a hospital or institution that cares for the sick or elderly; a business that generates more than $500,000 yearly; a federal, state or government agency; a school or higher learning institution; or performs interstate commerce duties.

Sponsored Links

Overtime Pay Is The Law
Employers Must Pay Overtime Wages. Are You Getting Paid Your Overtime?
www.rmlegalgroup.com/

Exemptions
The FLSA has strict guidelines for labeling an employee as exempt. Exempt employees are excluded from the act's overtime pay requirements. To qualify for exempt, the employee must fulfill the FLSA income and/or job duties tests relevant to her position. In most cases, professional, executive, administrative and some computer employees, outside salespersons and highly compensated employees are exempt. A salaried-exempt employee is one who meets the FLSA salary basis and job duties requirements. If she's salaried but does not meet the criteria, she's salaried-nonexempt and should receive overtime, if worked. The employer should examine state law for additional exemption requirements to ensure proper payment.

Considerations
The employee can file a complaint with the United States Department of Labor, Wage and Hour Division, if her employer violates federal overtime laws. She files a complaint with the state labor department if the employer violates state overtime laws. She can file a wage claim with either department (or pursue a lawsuit in court) to recover unpaid overtime wages, and if applicable, liquidated damages and attorney/court costs.

Sponsored Links
Federal employee rights
Lawyers represent federal workers
OWCP, MSPB, OPM, EEOC etc.

www.federal-law.com

http://www.everymanbusiness.com/business-legal/labor-laws/

Read more: http://www.ehow.com/info_7958246_against-law-not-pay-overtime.html#ixzz2yGgiQFQH

Pertaining to the law, or to what MTSOs do - all the time? - Jaded MT

[ In Reply To ..]

Pertaining to the law. I know MTSOs do this all the time - WI MT

[ In Reply To ..]
Basically just don't want to lose my job over an attendance issue by not working OT and not being able to collect UE, but I'm sick of this one day notice mandatory unlimited OT until further notice kinda stuff!

My MTSO is located in WI which is where I also live.

Thanks above poster for the links. I'll definitely check them out.

Overtime - WXYZ

[ In Reply To ..]
Anything more than 40 hours a week is supposed to be paid at time and a half of your hour rate, that is the law. Most employers try to limit OT because those are expensive hours. I had an on site MT job and was only required to work mandatory OT once when we were going through a conversion. It went on for weeks and it was awful, everything else went on hold. They did enforce it. I don't know if you can be fired for refusing, that is at the discretion of your employer. Keep track of your hours, and if you do not receive OT pay for anything over 40, you have a legitimate complaint, it does not matter if you are paid on production, extra hours are still extra hours. They can calculate an hourly rate for you, or pay you 1.5 times your line rate. If they let you go, you should be able to collect UE.

TY. It is hard to know if I will get screwed because - OT is only for lines on a certain acct

[ In Reply To ..]
Basically we were told to work our regular shift on our regular accounts. Then we are to ask to have our work changed to just that one certain account when we are ready to work our overtime. We can only work OT on that account only. So how do I know that I will be paid OT pay for just that one account when my job log detail only shows the date the jobs were done, not the time. I guess it's confusing to try to explain it unless you work at my MTSO, which I don't want to say who it is for obvious reasons. And we are to just fill out our timecard for total hours, not put anything in the OT slot because they will calculate OT automatically.

Hopefully my paycheck will show regular time 40, OT times 10 hours (example) and I'm paid regular CPL for the reports I did during the 40 hours and CPL x 1.5 for the reports I did during OT hours. If that makes sense. The only time we are paid 1.5 CPL is if we exceed a certain number of total lines, but I won't hit that even with OT because it's only allowed on that certain account.

I know my average LPH and $$/hr so it better come out to time and a half or I will be filing a complaint with the DOL!

IDK, we'll see!

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