rear-ended
01-07-2008, 06:40 PM
Need some advise for some old co-workers. The last job I had (involved transporting handicapped and senior citizens), the company for approx 8yrs was NOT paying overtime for 40hrs or more a wk. Most of the employees worked anywhere between 10-12hrs a day, getting only regular pay, no overtime, and some even worked on the weekends also, where they would work up to over 60-80hrs wk.
Approx in 2001 they formed a union and everyone was told that they filed a suit about the non-payment of overtime, and it would go back 3yrs from the date if was filed. About 6months after the union told everyone this, the steward said that since we were considered "tipped employees", chances of winning were slim to none. Then approx 2 months after he said this, he was offered a much better job paying about 2x what he was making at the present job. Since he left the job and obviously the union, they are still being told by the present President of the union, that it is still in the courts. I am no longer working there, but still talk to some of the people who are, and have heard that as long as anyone still have their paystubs from the time they were not paying overtime, they could persue this matter on thier own. There are quite a few people who still do have their paystubs dating back to the years there was no overtime paid. (i am not one of them)
Question is: Is there a certain time frame for this? Or do these employees still have a chance of recieving their back time and half pay for all the hours they did not. And if so, how do they actually go about trying to collect it? The union is not helping or saying anymore about it when asked about it, they only say it is still in the court system, and could try to do something on their own if they wish. 8yrs x 20-40hrs a week does add up to quite a bit of money for alot of them.
ps. we were tipped at times, some of the senior citizens would tip, some people made anywhere between $1.00 a day up to $25.00 a day depending on who you picked up. They did start paying overtime in 2003 I believe, but not until then, and they are still currently paying it now.
Approx in 2001 they formed a union and everyone was told that they filed a suit about the non-payment of overtime, and it would go back 3yrs from the date if was filed. About 6months after the union told everyone this, the steward said that since we were considered "tipped employees", chances of winning were slim to none. Then approx 2 months after he said this, he was offered a much better job paying about 2x what he was making at the present job. Since he left the job and obviously the union, they are still being told by the present President of the union, that it is still in the courts. I am no longer working there, but still talk to some of the people who are, and have heard that as long as anyone still have their paystubs from the time they were not paying overtime, they could persue this matter on thier own. There are quite a few people who still do have their paystubs dating back to the years there was no overtime paid. (i am not one of them)
Question is: Is there a certain time frame for this? Or do these employees still have a chance of recieving their back time and half pay for all the hours they did not. And if so, how do they actually go about trying to collect it? The union is not helping or saying anymore about it when asked about it, they only say it is still in the court system, and could try to do something on their own if they wish. 8yrs x 20-40hrs a week does add up to quite a bit of money for alot of them.
ps. we were tipped at times, some of the senior citizens would tip, some people made anywhere between $1.00 a day up to $25.00 a day depending on who you picked up. They did start paying overtime in 2003 I believe, but not until then, and they are still currently paying it now.
