:confused::confused:

I have worked for a company for more than two years. I was never paid any overtime pay(I was hourly). The owners told me that they do not pay time and a half for any hours worked over 40. being a mother of two I needed my job so I did not ask questions. Should I contact the Labor Board regarding my issue to get back all the half time owed because I no longer work there and its a lot of money they should have given to me. I need a little advise before I file my complaint. I have pay stubs showing that they only paid me straight time for anything over 40. Also do they have to pay interest on that overtime. I have had so many issues with this company that I sure them canceling my health benefits during employment is an issue too. I just want to make sure I am traveling down the right path for this and that they can not come after me for anything. I was a hard working and went above and beyond my job title and I feel now I was taking advantage of. Thanks for all input.

How long ago did you leave?

May of 08 due to a hostile work place and verbal abuse.

You are still within the time frame to file a complaint for unpaid overtime.

I am not sure how big this can of worms is going to be because I was working a lot of hours and I just thought they knew best. I contacted the Labor Board and they are mailing out a form for me. I just don't want the company to know it was me. I also was unsure how long Pa takes for the investigation process.

That I cannot tell you.

I just don't want the company to know it was me.

That is not an option. If you win your claim the employer is the one who writes the check. Prior to the claim being decided, the employer has a right to try to defend themselves. Neither of those two actions are possible if they do not know who has filed the claim against them. So, if you file the claim, the employer will indeed know who filed it.

Past that, why do you care? You are no longer working there, they cannot fire you.

Regarding how long does it take for PA (or any other state) to do what they do? Who knows. It takes as long as it takes. Even if someone on this board knows how long it has taken them in the past, the economy is bad these days, some states are laying off people (including those that investigate claims), the number of people filing claims is probably up, and the past is probably not a very good predictor of the future in this matter.

The company IS going to find out it is you. The DLI can't investigate unless they know who is filing the claim, nor can they order the employer to pay if they don't know WHOM to pay.

I wouldn't expect it quickly, though, especially in this economy, with budget cuts at the state level.

Did you record the hours you actually worked? Did you at least get straight time for the hours over 40?

Thanks I am unsure how they would fight the case, on my pay stub it states regular for example 44 hours regular pay. No where in my contract does it state they do not pay overtime. I just don't want the owners contacting me because the last few months there was nothing but verbal abuse and a hostile work place. I left do to high stress and feeling like no matter what I did it was never enough. When I was informed of the money having to be paid to me I thought that they should because I earned it.

I have some pay stubs and yes they did pay for straight time over 40. The labor board told me it was confidential. I know that there is a handful of people that worked over time and never got their half time there, does the labor board not check all payroll? We had direct deposit for sometime and they never gave us a pay stub because he did not feel like printing them out.

"44 hours regular pay" is going to be a hint right there. So it appears, you are just due the premium (half-time) portion.

The DLI normally does not do a full-blown audit; they just investigate the claims that are filed. Now if every affected employee filed a claim, they might do a little more checking, because now there is a pattern of noncompliance.

Oh, and BTW, while you're at it, I'd also file a complaint regarding no pay stubs. The law in PA requires it, whether you are paid via check or direct deposit. You have nothing to lose at this point; you don't work there any more.

What Kind of Information is My Employer Supposed to Put on My Pay Stub?

Your employer must give you a pay-stub each pay period which explains how long you worked, how much money you earned and how much money you were paid. The stub must include the number of hours you actually worked; your rate of pay; your gross wages; your deductions for taxes; and other deductions you have authorized your employer to make. The pay-stub also has to state the beginning and ending dates of the pay period.


Just for curiosity's sake, did they give any reason why they "didn't pay overtime"? Just wondering if they had what they thought might be an exemption.

And, just to make sure, what industry (not the name of the company) and what did you do there (not your title, but your job duties)?

It was a Chiropractic office and they had more than 4 locations, . As far as the reason goes they never gave me one because I did not want to push the issue if I was wrong, also one employee asked for theirs which was only 1 hour and they gave it to her, but after that they cut her overtime and stated no more overtime for her, send her home after she gets 40 hours. I was afraid of losing my job and know I see how blind I was to the game both of them played.

When I first started I was a CA which is a Chiropractors assistant, and than I became the billing Coordinator but per the contract I signed it said nothing about overtime not being paid. should I contact the other ex employees or let it go.

Your choice about contacting the other employees. I just wouldn't contact them at the office, if you can possibly help it. Or if you do, a mere, "call me from home".

And even if this was a bona fide contract (not just a letter of working conditions), a contract cannot force you to waive overtime pay if you are legally due it, and I see no reason you would not be.

They no longer work there either but they were told by I do not know that they could not collect that money. I am not sure how this all happens with the board
so I just wanted to see what I had to have and if anyone had any information because I want no contact with the owners.

I don't know who told them that either, but eligibility for overtime is based on two things. First, the employer must be subject to the FLSA and a chiropractic practice is almost certainly going to be subject. Second, the job duties of the employee must be such that they don't meet the criteria for exempt status or, if they do, the employer is not treating them as exempt.

But if they do not find in my favor what happens, they can not do anything to me right. I have documentation of overtime on a few pay stubs but how do I find out if they were exempt from paying overtime. Can they fight paying out the money, and will they be fined? I am not a trouble maker but I was treated like dirt in the end and I want them to right the wrong of giving a misconception that they have to pay.

They can't do anything to you now that you couldn't explain to a prospective employer (assuming you are unemployed and job searching right now).

You're WAY overthinking this. There is no penalty against you if you are wrong about having to be paid overtime at 1.5 pay(although I don't think you are wrong). File the claim and let the DLI do their jobs. If there is a fine levied against the employer, it would not go to you anyway, and there may not be. If the DLI finds they violated the law, they will order them to pay whatever you are still due.

You are not a troublemaker. You are someone who believes that you were not paid in accordance with the law and you are going to the regulatory authority who can order the employer to fix it. Nothing else.