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mcgriff01
01-18-2005, 07:43 PM
my husband is a diesel mechanic paid by the hr in SC. the company does not pay any of the mechanics overtime for hrs more than 40. can they do this? i thought if the work week was a 40 hr week and you paid weekly, hrs over 40 were overtime. also, in SC are they alllowed to hold back 3 weeks pay?

Sue
01-18-2005, 08:12 PM
my husband is a diesel mechanic paid by the hr in SC. the company does not pay any of the mechanics overtime for hrs more than 40. can they do this? i thought if the work week was a 40 hr week and you paid weekly, hrs over 40 were overtime. also, in SC are they alllowed to hold back 3 weeks pay?


As long as your husband is a non-exempt employee, paid hourly, and his employer is not exempt under the Motor Carrier Act, http://www.dol.gov/esa/regs/compliance/whd/whdfs19.htm, then Federal Law requires OT pay for all hours WORKED in one work week over 40 hours.
This is according to the FSLA, see link to make sure his company qualifies.
http://www.dol.gov/esa/regs/compliance/whd/hrg.htm#2

I could not find any law stating they could not hold back 3 weeks of pay. Did he get it paid to him in the subsequent check?

Sue

mcgriff01
01-18-2005, 08:37 PM
we worked for 3 weeks before he got paid. whathe is receving now is 3 weeks behind.what he worked for w/e 1/9/05 wont be paid to him unitl 1/28/05. back to the overtime, he suppose to be a supervivor, but is paid hourly, clocks in and out for lunch (unpaid) just like all the other mechanics. oh, and about the 3 weeks hold back, he was not told this until he asked for his check on pay day and they said, oh, by the way , you dont get your first check for 3 weeks. i smell a rat.

LConnell
01-18-2005, 08:42 PM
There is a motor carrier exemption in the federal Fair Labor Standards Act. Mechanics are included in this exemption if their employer falls under the dictates of the Motor Carrier Act. You can read more about this at: http://www.dol.gov/esa/regs/compliance/whd/whdfs19.htm

Also, South Carolina does not specify a date by which employees must be paid. So, theoretically, they can pay on a schedule of 3 weeks in arrears. Let me know if you have any other questions.

mcgriff01
01-18-2005, 08:47 PM
I read the law and understand. :(

thank you very much.

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