I have been employed at a particular job since February. Since then I have worked several 50-60 hour weeks. In a 2 week pay period I normally have 90-100 hours. I am not being paid overtime for anything beyond 80 hours in 2 weeks. I also have found that my employer does not carry worker's comp as I was recently injured on the job and had to pay my own medical. He is supposed to eventually reimburse me for what I paid medically.

Can I somehow "make" him pay me overtime? Is there any way I can get paid back by him from previous overtime hours? This week I will be working 60+ hours as well as having to work memorial day and I wil receive nothing but my usual hourly rate. I don't mind working all these hours but it doesn't make it worth it when I don't get compensated for overtime.

Michelle in Ohio

There are two questions we need answered before we can answer yours; one, are you exempt or non-exempt and two, what field do you work in?

I'm not sure how to tell if I am exempt or non-exempt. I work for a dog washing place that also sells dog items. It's a very small business with just 4 employees.

Michelle

The likelihood is that you are non-exempt. But now you've injected another factor into the equation - that of employer size.

For the most part, any employee who works over 40 hours in a week (not 80 hours in a pay period; that is only allowed in the medical profession which is why I asked what field you are in) must receive overtime for any hours over 40. However, employers who do not take in - I think it's $500,000 gross annually, but Patty can confirm that - and who do not engage in any interstate commerce, are exempted from that requirement. While interstate commerce is interpreted broadly enough so that 99% of employers are subject to paying overtime under the FLSA, from what you say I think it possible that your employer fall into the 1% that is exempt from paying its employees overtime at all.

My suggestion would be that you contact the US DOL for additional information - they will be able to guide you through the process.

Thank you I will try that. Every other job I've held paid overtime even though they never really wanted to! I highly doubt he grosses $500K a year, it's alot less than that.

Michelle

If he grosses less than the 500K, that only enforces my belief that he may be one of the very few employers who is exempt from paying overtime. I'm not surprised that all your other employers did; it's quite rare than an employer is exempted from FLSA. But your current employer may well be one of the rarities from what you are saying.

Does the employer do any business across state lines? Such as ordering supplies or inventory from another state or taking orders from customers in other states? If so, the $500K gross revenue is irrelevant and the employer would be subject to the FLSA due to interstate commerce.

He doesn't take orders from out of state but he orders all of our inventory (pet supplies and toys) from out of state catalog companies. This is something I need to look into further - I will contact the DOL and see what they have to say. On my previous paychecks from other employers it always stated "non-exempt" on there somewhere (I think), the paychecks from this company say nothing like that anywhere.

Michelle

It's actually unusual for paychecks to announce your exempt/non-exempt status so I wouldn't read anything into the fact that yours doesn't. But it's determined by your job duties and from what you are saying, I can't imagine that you qualify as exempt.

I agree, cbg. :)

i know this is a legal site but i have to state a personal view...poster,i would,if i were you,go work for a company that pays overtime for the tremendous hours you are putting in,you deserve it!! Good luck to you!! :o

OP brought up that this employer does not pay worker's comp. This is required in Ohio, even though he may qualify as a reimburseable employer (all that means is that Ohio would pay the claim and then the employer would have to reimburse the State). I do believe that status is reserved for non-profits and health care facilities.
Should she also pursue with the BWC of Ohio? Is he exempt since he is such a small company?