jangel348
06-29-2006, 04:40 PM
I worked for an Arizona Security Guard Company and often shifts were 10 to 13 hours. Often my checks were for 46 49 54 hours a week all straight time.
How do I find out if I was cheated out of overtime pay. I looked on the labor laws for arizona overtime exempt and non exempt but it is hard to decipher please help
angel :confused:
Pattymd
06-30-2006, 04:38 AM
I take it you were a security guard? Did you have any supervisory responsibilities?
If not, it is VERY unlikely you would be exempt from overtime under the federal Fair Labor Standards Act.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm
jangel348
07-02-2006, 12:58 AM
no i had no supervisor duties i appreciatethe link but i cant make heads or tails out of what they write so should i take this up with the labor board and get my overtime pay?
thanks for the help
angel
AndrewAK
07-02-2006, 03:00 AM
Has your employer given a reason for not paying you OT? Have you asked? If you didn't conduct supervisory duties, etc. Your employer is bound by the State OT rules. Some states defer to the fed rules (FLSA). Look under Section 541 of title 29. It's fairly strait forward. Some States declair OT only after 40 hours of work, not over 8 hours / Day.If you feel that you are owed OT pay, File a claim with your State's Labor Board.
jangel348
07-02-2006, 04:32 AM
as i stated in my original post i often worked 43 47 54 hours a week one pay period and the employer just said they dont pay overtime no reason given
thanks for the link angel
Pattymd
07-02-2006, 06:39 AM
File a claim for unpaid overtime premium with the state Dept. of Labor.
http://www.ica.state.az.us/Labor/la_wages.htm
AndrewAK
07-02-2006, 09:36 AM
You said that they told you that "....we don't pay overtime." Acording the the Fair Labor Standards Act (FLSA) they are required to pay overtime. Can you findout if the OT rules in your State are very different than the Federal rules? The State rules cannot reduce the federal minimum so, if your State defers it's rules to the Federal rules, you still are entitled to 1.5 X your regular hourly pay for OT worked. Do you still have proof of the hours you worked? Did you punch a tile clock? or were you paid a salary?
jangel348
07-02-2006, 10:01 AM
i have the pay stubs from all the weeks i worked i looked on the az labor laws but it is very confusing with the exempt and non exempt stuff and all the other guard companies i worked for paid o/t
angel
AndrewAK
07-02-2006, 10:45 AM
Look under the Code of Federal Regulations Part 541 (CFR 29 Part 541). Compair these rules to the rules you found RE the State of AZ. AZ rules cannot reduce the Fed rules. So if the fed declairs that you are entitled to OT, the States cannot refute it. Part 541 is very strait forward. It explains all of the exemptions that an employer can use to disqualify an employee from recieving OT pay. Go to the link at the bottom my post. It's full of information that you can use to educate yourselft about the FLSA.
Pattymd
07-02-2006, 12:43 PM
We already know that, AndrewAK. I wouldn't have told the OP to file a claim with the state DOL if he wasn't entitled to the overtime pay. :rolleyes:
AndrewAK
07-02-2006, 05:06 PM
Gees! Sorry for helping. I guess I'll just shut my mouth.
turbowray
07-02-2006, 05:13 PM
Gees! Sorry for helping. I guess I'll just shut my mouth.
we just dont want the poster to have to search for something we know the answer to. Thanks so much for trying to help here! :) Good advice,if the poster hadn't gotten any yet! Keep it up!