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Should I be paid for overtime hours? Arizona

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  • Should I be paid for overtime hours? Arizona

    I work as a lab technician. I set up and assist with surgical skills labs. I am paid salary. I often work long hours... frequently 60+ per week and sometimes up to 90. I am not compensated for these hours. Should I be?

    I guess it comes down to whether or not I am exempt from labor laws. I am not in an Administrative, Executive, or Professional position as far as I can tell... can anyone help me out?

  • #2
    Originally posted by Generic Worker View Post
    I am not in an Administrative, Executive, or Professional position as far as I can tell...
    The three you mentioned are the usual suspects, given your job title. There are something like 100 or so Exempt classifications defined in the federal FLSA law, but most are very industry specific. Things like Sheepherders or Partsmen. If challenged your employer will almost certainly claim you are Exempt under one of those three catagories. You will claim something else. Meaning some judge or ALJ gets to decide whose story they like best.
    http://www.dol.gov/whd/regs/complian...a_overview.pdf

    If you do nothing else, start documenting your hours worked. Do so at home, without using any company equipment and without telling ANYONE what you are doing. You want to have at least a month's worth of records, three months would be better. I am not saying that you cannot try to claim more then that, but one of the several things you are going to have to support is actual hours worked, and you keeping actual records helps.

    You can file an overtime claim with federal DOL. Your state probably also hs a DOL, although it is likely called something else.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks DAW. I have started tracking my hours, figure it can't hurt to have a record whatever happens.

      I'm going to ask the person in my office who handles HR stuff if they have me down as being exempt or non. I've read through everything on the DOL website and I do not fit any of the exempt classifications.

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      • #4
        While I am not disagreeing with you, your employer probably will. They will probably have their own shiny new set of facts, which will differ from yours and which will fit neatly into one of the previously mentioned exceptions. The old "Liar, Liar, Pants on Fire" defense.

        Document your actual job duties, including a realistic estimate on what percent of time is spent on each duty.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I read through this whole thing and nothing applies to me. I'm almost definitely not exempt.

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          • #6
            Originally posted by DAW View Post
            While I am not disagreeing with you, your employer probably will. They will probably have their own shiny new set of facts, which will differ from yours and which will fit neatly into one of the previously mentioned exceptions. The old "Liar, Liar, Pants on Fire" defense.

            Document your actual job duties, including a realistic estimate on what percent of time is spent on each duty.
            Will do, thanks.

            I'm going to talk to my HR person tomorrow. I really can't see how they could have any legal basis to qualify me as exempt. I'm a lab guy... I show up where and when they tell me and do my work. I don't have any management or administrative duties.

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