my OT problem in Arizona

ketel

[font size="1" color="#FF0000"]LAST EDITED ON 07-23-03 AT 02:26AM (CST)[/font][p]I have just found out that our management was telling ees no overtime is allowed, but telling the ees they must finish all thier work (answer voicemails or Emails) before they go home for the day.

The ees have been doing this and this has casued 90% of my staff to stay later then their scheduled times (hense work overtime)

Here is the kicker... They were told to NOT put the extra time on thier time cards becasue they would not get paid for overtime, and if they dont like it they can go find a new job.

What shall i do to get this resolved BEFORE someone files a lawsuit.

What kind of penalties am I looking at here? this has been going on for over 6 months

here is a new wrinkle... we have atleast one employee that has been working from hom via the internet taking orders and updating our status sheets on saturday and SUNDAY and was tiold they will not be paid for this... but thier manager has let them do it without saying stop.

LindaS

My suggestion is to provide management with a copy of the FLSA that addresses non-exmpt employees and their pay. You can also provide them with information from other lawsuits that have been filed by employees for the same infractions and show management the cost of NOT paying employees for the hours they work. If this doesn't get their attention, it will be their checkbooks that get hit when the DOL comes in to do an audit and determines how much pay these employees are entitled to.

If this gets management's attention, you should go back and figure how much these employees are owed and pay them for their time. Going forward, make sure employees are aware of the policy regarding OT and employees that do not adhere to the policy should be disciplined up to and including termination.

You should be able to find quite a bit of information from this website, using the search engine, to provide to management.

Good luck.

Shadowfax

The potential penalties are significant: go back a minimum of 2 years (3 if intentional, or depending on state law) and calculate the amount of unpaid o/t; now double that amount as liquidated (penalty) damages; now add actual attorney fees and cost of bringing the action. (DOL or your state wage and hour agency may add penalties of their own.) To some extent, you may be able to get 'some' of the paste back into the tube if you calculate the unpaid wages and make (not offer) immediate payment. Employees are not capable of waiving their rights, so no oint in tryint to negotiate an agreement tonot pursue legal remedies if youpay them now. Since you already owe them, it would not be consideration to support an agreement in any event. There are some 'safe harbor' areas, but I don't see any for you in the info youve given. Ths is a bad situation which is getting worseeach day it continues.