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View Full Version : overtime not paid and boss can get away with it? Florida


bestofme246
03-20-2007, 08:21 PM
i work at the hospital. but we dont get paid by the hospital. we as dialysis tech/nurses work for someone that owns the dialysis business and basically we are contracted by this hospital to take care of the dialysis patients while they are in the hospital. anyways, we havent got paid overtime. before i started working there, i have heard from previous employees that i would have a hard time recieving my overtime pay because she doesnt give them. every paycheck i have earned for almost a year has been well over 80 hours. our pay period is every 15 days. for example the 16th day of each month she would call in our hours and day or two ( hopefully) money will be in the bank. only one pay period have i gotten my overtime pay. but other paychecks i havent recieved any! she put me off to the side and explain that i shouldnt tell anyone else thats working with us that i got overtime pay. of course my co workers found out because i had to tell them. we work so many hours and we should get it, and i was surprised that i finally got it. next pay period i made well over 80 hours and i didnt get any! shes cheating us out!

reason also i said hopefully the money will be deposited after 15 days, is because i have waited almost 1 week to get paid for previous hours worked. she would give us the check a week later..however the check date on that is postdated for a later date! i once told her she might as well just pay us once a month if she keeps doing this. we expect to get paid right after the 15 day pay period.

i also found out that theres no such thing as a 15 day pay period..its actually 14 pay day period. can someone find that out for me.

i caught her once before lying to a fellow co-worker. he was making overtime every payperiod, until she said that he must make 88hours and after 88 hours that is overtime, he recieved more than 88 hours and got the overtime- but then she said he needed to work 4 consecuitve days and within those days he must make over 40 hours to get overtime pay. then when pay period has ended he made well over 40 hours those 4 striaght days work and made over the total 88 hours. and still didnt get over time. i think shes just making things up just so she can get away from paying overtime.

so to conclude my ranting.. what are the florida, west palm beach county rules/regulations/ law about overtime pay. i know what she is doing is not right, and whats even worse is that she is our family friend. its nothing personal- strictly business. its not like she cant afford to pay the OT but i wonder why shes trying to avoid it. so it would be nice to figure out a way to get our money owed rather than breakign this relationship we all have by taking this to court and whatnot

thanks

ScottB
03-21-2007, 01:22 AM
Overtime is owed for working more than 40 hours in a work week, not 80 hours bi-weekly or semi-monthly (unless the 8/80 rule applies, but ignore that right now).

It looks like you are being paid semi-monthly, which is legal.

If so, there will be parts of three work weeks in each pay period. A work week is a set seven day period and does not have to coincide with a calendar week.

Let's say you work only eight hours a day, Monday through Friday and that the work week is Monday through Sunday.

The pay period that includes March 1 - 15 has eleven work days (88 hours) and no overtime would be owed.

The period March 16 - 31 would also have eleven work days and 88 hours. No overtime.

ArmyRetCW3
03-21-2007, 01:10 PM
You should be getting paid the overtime after 40 hrs. Call the local Wage Hour office, and file a claim...

Fort Lauderdale Area Office
US Dept. of Labor
ESA Wage & Hour Division
Federal Building, Room 408
299 East Broward Blvd.
Ft. Lauderdale, FL 33301-1976
Phone:
1-866-4-USWAGE
(1-866-487-9243)
Local phone book can get you a more direct number...

ScottB
03-22-2007, 06:05 AM
You should be getting paid the overtime after 40 hrs. Call the local Wage Hour office, and file a claim...

If there was overtime worked and not paid.

The OP states that there were over 80 hours in some pay periods, but those pay periods are likely to have parts of three work weeks, so it is not possible to say, from the information provided, whether there was overtime worked in any of those three work weeks or not.

ArmyRetCW3
03-22-2007, 07:43 AM
i also found out that theres no such thing as a 15 day pay period..its actually 14 pay day period. can someone find that out for me.

I think this is an indication of a 2 work week period, anything over 80 would be considered overtime, IMHO...

Pattymd
03-22-2007, 08:16 AM
No there isn't a "15-day" pay frequency. But there IS a semi-monthly pay period, and if you are being paid on the 1st and the 16th, for example, then the pay frequency is semi-monthly and the pay period is also semi-monthly. However, the "pay period" and the work week (or multiples thereof) do not have to coincide and, with a semi-monthly pay frequency, they hardly ever do.

So, are you paid every two weeks or are you paid twice a month? And on what day of the week does the workweek (as defined by the employer, not necessarily your individual work schedule) beging?

ScottB
03-22-2007, 12:48 PM
I think this is an indication of a 2 work week period, anything over 80 would be considered overtime, IMHO...

Well, no. Refer to the original post. The OP specifically states that they have 15 day pay periods. I think they are being paid semi-monthly, but, without a response from the OP, we cannot tell.

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