Va Overtime

[Angelynn]

My husband works in VA as a repairman, that has no overtime laws that I can find. Any overtime he puts in he gets less than half pay...I think something like $3.15 an hour. Is this legal?
Thank you
Angel
Richmond, VA

[LConnell]

If your husband is non-exempt and he is paid on an hourly basis, then overtime must be paid at time and a half (under federal law).

Let me know if you have any other questions.

[Angelynn]

He is an hourly worker so I guess my question would be what would qualify as non-exempt? I need to do more research in this area. To my understanding he isn't exempt, would commision (as in a small % per repair) make a difference? There has been a promise of commision after he's had more experience, but he's been there several months and they have yet to pay him any.
Thanks
Angel

[LConnell]

I'm sure that he is non-exempt since he is hourly. Commission would be added into the calculation of the overtime rate. However, since he is making less on an hourly basis for overtime hours, something is definitely wrong.

You can learn more about exempt and non-exempt classifications by looking at the US Department of Labor Wage and Hour Division website. It may be found at: http://www.dol.gov/esa/whd/

Has he talked to his employer, asking for an explanation of his pay statement. As a person who managed numerous payroll departments, I have often found that miscalculations are sometimes misunderstanding of how the pay is calculated.

Let me know if you have any other questions.

[Angelynn]

Thank you for your quick replies.
My husband took this job a few months ago as a "get me through until something in my field opens up" type of thing. We are new to Va and his brother has been working for this small, privately owned company for a few years. He sold my husband on it as a "get me through" deal, and after my he had accepted the position we were told about the overtime pay.
My husband and his brother are two of about 5 total employees that are on the owners books. He has suspected that there is something wrong with the way business is being done, but because this isn't a job he wants to stay with long term he's kept his mouth shut; unfortunately for the boss I don't like seeing my husband getting the short end of a deal.
I've been researching this for a bit and I think I may have a case. I have emailed the Department of Labor (yesterday) and I am waiting to hear back from them. What else can I do?

[LConnell]

He can call the Wage and Hour Division located near you. You can find them in the telephone directory under the US government section, Department of Labor. Or, you can get their number from their website.

I would do that expediently. They will pursue this matter on his behalf. Talk to them about your concerns about retaliation. they can address those issues for you as well.

Good luck and let me kniow if you have any other questions.