larahafen
07-24-2006, 05:00 PM
I have received some very valuable advice here. I have a new question.
For non-exempt employees who have been overworked (who didn't know they were non-exempt because they were being paid a salary), who bears the burden of proof for unpaid overtime hours? The ONLY reason we are non-exempt is that we aren't paid a high enough salary....I believe we meet every other requirement.
Neither we nor the employer ever kept physical logs of every minute we worked. Since we are resident managers, I was told that we are only paid the hourly wage for actual minutes we perform duties (whereas in other industries, you get paid for hours on the job whether you work or not) even thought we are required by the employer to be here 24/7/365. So there's no easy twice a day clock in and clock out. So I am thinking that the overtime is going to be hard to prove.....especially with no records.
Do we even have a chance?
For non-exempt employees who have been overworked (who didn't know they were non-exempt because they were being paid a salary), who bears the burden of proof for unpaid overtime hours? The ONLY reason we are non-exempt is that we aren't paid a high enough salary....I believe we meet every other requirement.
Neither we nor the employer ever kept physical logs of every minute we worked. Since we are resident managers, I was told that we are only paid the hourly wage for actual minutes we perform duties (whereas in other industries, you get paid for hours on the job whether you work or not) even thought we are required by the employer to be here 24/7/365. So there's no easy twice a day clock in and clock out. So I am thinking that the overtime is going to be hard to prove.....especially with no records.
Do we even have a chance?
