I recently moved to Louisiana and I work for Title Attorneys so I have quickly discovered that Louisiana seems to have its very own set of laws. I am a new mother, I was told I had to give up all vacation and sick time in order to be paid for maternity leave (short term disability). My job is very demanding and I put in long hours. I do work to make up any time I miss taking my son the the doctor, etc. However, my employer refuses to pay overtime. I have worked up to 13 hours overtime in a pay period. My employer allows me to take "comp time", but they give you one week to utilize the time. After that week it is just lost. Is this legal?? I am essentially working for Free.

Are you exempt or non-exempt?

There are only five states which mandate disability pay, and Louisiana is not one of them. It is entirely legal for them to require you to use vacation and sick time to be paid.

I'm not concerned about giving up vacation and sick time. My concern is that I always work overtime and I am always told that it is not approved. Is it legal to just not pay someone for overtime in Louisiana?

Is it legal to just not pay someone for overtime in Louisiana?

If you are non-exempt, you must be paid for working overtime. "Comp time" --trading overtime worked this week for time off next week is legal only in the public sector.

Your employer may require you to get approval for working overtime since it will cost more. If you work overtime without approval, you may be disciplined. You must be paid for the time, but could be fired.

If you are exempt, though, there is no such thing as overtime, even if you are required to work 120 hours a week.

So, ARE you exempt or nonexempt? What exactly do you do?

I work in the Residential Post Closing Department. I work for attorneys. I am a salary employee. I am required to work a minimum of 40 hours a week. However, if I work 39 hours I suddenly become an hourly wage worker. I work an average of about 45. If I work overtime I am asked to "comp" it out within 5 business days. This is a virtual impossibility due to the nature of my job. We average 400 closings a month. Each file I recieve has lender required deadlines. I am one of only two people in my department. My salary is 22K yearly. I am a single mother. I work the overtime to prove to my employers that I am willing to go above and beyond in hopes of recieving a raise or bonus. I actually complete tasks that are not part of my job just for the sake of learning. I'm a struggling single mom and am missing out on my son growing up. I feel it is unfair that I am essentially working for free. It can't possibly be legal. I can't afford to hire an attorney. Someone please help me.:confused:

My salary is 22K yearly.

Okay, that I can handle.

You don't make enough to be exempt from overtime. By federal law, you have to make at least $23,660 a year. Even if you cross that hurdle, there are others, but we don't need to go there.

You are non-exempt.

You must be paid overtime for any hours you work over 40 in a work week (which is a fixed seven day period).

Comp time is not legal, but the employer can have you work more today, take off some time tomorrow, so long as it is in the same work week. The practice of trading overtime worked this week for time off next week, though, is strictly forbidden by federal law to the private sector.

Now what do you want to do?

What are my options? I can't afford an attorney.

If you can't find an attorney to take this on contingency, and you might not, if you're not talking about big bucks, your only other option is the federal DOL. You can reach them at (866)4-USWAGE. Unfortunately, since your state defaults to federal wage and hour law in this situation (and most others), the state has no laws it can enforce itself.

What are my options? I can't afford an attorney.

Some lawyers work on contingency, but what you are owed won't interest them. One-third of your back pay wouldn't pay for their lunch, after their time invested.

Option 1, tell the employer they are violating federal law (we can provide links to the US Dept of Labor, if you want) and ask that they comply with the law and pay you back wages.

If they refuse to do this, option 2 is to do what Patty said and file a complaint with the federal government.

Either way, if you get fired really soon, one would have to wonder if it was in retaliation for your wage complaint. (even lawyers on contingency could get interested at that point).

Best of luck!

ScottB and Pattymd have offered sound advice.

It appears you are in a catch-22. If you stay with the status quo, you retain your job but receive no overtime pay. If you make a fuss, chances are that your worklife may become difficult and lead to termination or your resignation. I agree that retaliation is unlawful; however both you and I know that when waves are made "reasons" are found to terminate.

You work with lawyers. I'd guess that deep down they'd want to do the "right" thing. Are you able to speak freely with your boss or HR to discuss this matter?

The only other thing that I can suggest is to stop working overtime. If it's not approved, then (in theory) you shouldn't be working it anyway. If this affects getting the job done, the boss will have to decide how to handle (i.e. approve OT or hire additional help).

I know this is a tough situation. And just remember that there is a bright light at the end of the tunnel.