Lola88
02-27-2006, 05:51 PM
Hello, I'm new here. (New York State)
I was a receptionist/cashier. My company never paid anyone overtime until after I was let go I spoke to the department of labor. I faxed in some paystubs and got a friend to do the same. DOL had my former company do their own audit and the company came back with a list and hours for about 20 people. Excluding, *ahem*, me. DOL said she would get back to my employer to get my hours, but that it would no longer be confidential, fine with me. So she is getting back to them now. I asked how many years she was going back, she said 2. I told her the guy knew he should pay overtime, was that a wilful violation? She said, well, to be fair, they didn't know that since they had 2 seperate locations paid by 2 seperate checks, that they needed to combine the hours people who worked at both locations (this was the case for some owed overtime, but not all). I said, ok, fair enough, but they've never paid *anyone* overtime, even those who worked more than 40 at one single location.
Does anyone know what consitutes a wilful violation? I would like for them to go back that extra year. I do have hours from the 2 year time period, but if a wilful violation means they knew they were supposed to pay their employees overtime, and they did not, then of course I would prefer the audit include that 3rd year.
Others from my employer who were owed overtime hours were not on the list given to DOL by the employer (DOL told me who was on the list). A friend of mine worked overtime all the time and was also not on the list. Since my company did their own audit and reported the earnings, hours and payments to DOL, and they have left people out, what happens then? If I have proof of a few people's overtime hours, who were left out, we have our stubs, will DOL do their own audit? I feel bad for the person handling it, but the guy is breaking the law, and ripping us off, and I do not want him to get away with that.
Any advice or information you have is appreciated. Thank you.
4 locations, about 100 employees in total. Shady owner.
I was a receptionist/cashier. My company never paid anyone overtime until after I was let go I spoke to the department of labor. I faxed in some paystubs and got a friend to do the same. DOL had my former company do their own audit and the company came back with a list and hours for about 20 people. Excluding, *ahem*, me. DOL said she would get back to my employer to get my hours, but that it would no longer be confidential, fine with me. So she is getting back to them now. I asked how many years she was going back, she said 2. I told her the guy knew he should pay overtime, was that a wilful violation? She said, well, to be fair, they didn't know that since they had 2 seperate locations paid by 2 seperate checks, that they needed to combine the hours people who worked at both locations (this was the case for some owed overtime, but not all). I said, ok, fair enough, but they've never paid *anyone* overtime, even those who worked more than 40 at one single location.
Does anyone know what consitutes a wilful violation? I would like for them to go back that extra year. I do have hours from the 2 year time period, but if a wilful violation means they knew they were supposed to pay their employees overtime, and they did not, then of course I would prefer the audit include that 3rd year.
Others from my employer who were owed overtime hours were not on the list given to DOL by the employer (DOL told me who was on the list). A friend of mine worked overtime all the time and was also not on the list. Since my company did their own audit and reported the earnings, hours and payments to DOL, and they have left people out, what happens then? If I have proof of a few people's overtime hours, who were left out, we have our stubs, will DOL do their own audit? I feel bad for the person handling it, but the guy is breaking the law, and ripping us off, and I do not want him to get away with that.
Any advice or information you have is appreciated. Thank you.
4 locations, about 100 employees in total. Shady owner.
