Overtime - Nope - No Way they say

[ConfusedByNow]

I still work for a company, where for 4 years, I was salary paid during the day, and hourly straight time paid for evening hours. The evening hours consisted of non-supervisory duties ( things of a blue collared nature ). I was not paid at time and one half.

At some particular point in time, I was called into the Pres office, and he told me that I was not to work any more evening hours unless I cleared them with him first. This became an uncomfortable situation, but I complied.

Last November, I was again called to his office, and he told me that he no longer needed me to work nights anymore. I approached the CEO, and brushed it off as a fiscal thing, and that it would blow by.

My position during the day is more results oriented than a production based position, but when I rarely take a day off, it slows the pace in other departments as the data must flow through me first before continuing on to them. So basically, when I am out, there is no backup person to step in for me.

Last January, I was out for approximately 3 full work days, out of which I made up approx 5-6 hours after the 3rd day. (I'm still salaried; and the 3 days were not in succession). Normally the payperson asked me if I made up time, and I would tell her. This time she did not ask, and the three days were deducted from 3 checks. A note to payroll resulted in a direct attack by my boss and the CEO. Subsequently, they decided that it would be better for them to see my hours by converting my salary to hourly, and my punching a card. I complied.

In the following 6 months, the punches revealed that I worked a 40 hour week, though abnormal hours were kept, and several weeks resulted in less than a salaried week, and several weeks resulted in receiving overtime pay for anywhere from 15 minutes to 4-5 hours.

Last week, as the "manager" for my one man department, I was allowed to go to an out of state meeting. When I returned, I attached a copy of the itinerary, with my hand-written hours on my time card totalling 50.5 hours for the week. I was just called into the oral office again and told that I was getting 40 and 40 hours only. Asked if I liked my job and if I wanted to continue, or possibly they eliminate the position.

I hope I've painted the entire picture for you. Now, do you think I exempt or not? Should I receive OT not only for the trip, but for the 4 years at the less than OT night rate? It is an at will position, but boy am I getting fed up.

The employer can't have it both ways when it suits him, can he?

[Sue]

Originally Posted by ConfusedByNow

I still work for a company, where for 4 years, I was salary paid during the day, and hourly straight time paid for evening hours. The evening hours consisted of non-supervisory duties ( things of a blue collared nature ). I was not paid at time and one half.

At some particular point in time, I was called into the Pres office, and he told me that I was not to work any more evening hours unless I cleared them with him first. This became an uncomfortable situation, but I complied.

Last November, I was again called to his office, and he told me that he no longer needed me to work nights anymore. I approached the CEO, and brushed it off as a fiscal thing, and that it would blow by.

My position during the day is more results oriented than a production based position, but when I rarely take a day off, it slows the pace in other departments as the data must flow through me first before continuing on to them. So basically, when I am out, there is no backup person to step in for me.

Last January, I was out for approximately 3 full work days, out of which I made up approx 5-6 hours after the 3rd day. (I'm still salaried; and the 3 days were not in succession). Normally the payperson asked me if I made up time, and I would tell her. This time she did not ask, and the three days were deducted from 3 checks. A note to payroll resulted in a direct attack by my boss and the CEO. Subsequently, they decided that it would be better for them to see my hours by converting my salary to hourly, and my punching a card. I complied.

In the following 6 months, the punches revealed that I worked a 40 hour week, though abnormal hours were kept, and several weeks resulted in less than a salaried week, and several weeks resulted in receiving overtime pay for anywhere from 15 minutes to 4-5 hours.

Last week, as the "manager" for my one man department, I was allowed to go to an out of state meeting. When I returned, I attached a copy of the itinerary, with my hand-written hours on my time card totalling 50.5 hours for the week. I was just called into the oral office again and told that I was getting 40 and 40 hours only. Asked if I liked my job and if I wanted to continue, or possibly they eliminate the position.

I hope I've painted the entire picture for you. Now, do you think I exempt or not? Should I receive OT not only for the trip, but for the 4 years at the less than OT night rate? It is an at will position, but boy am I getting fed up.

The employer can't have it both ways when it suits him, can he?

There should be paperwork to clearly show how you were classified. If you were converted to hourly and being paid as such, then you are due overtime pay for hours over 40 per week.