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Overtime question Indiana

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  • Overtime question Indiana

    I have a question about overtime. I worked for a sheriff's department in
    Indiana for almost 2 years. We were never given the option to be paid for
    the overtime worked. Every single hour over 40 we worked was comped no
    questions asked. We were never given the option to be paid for it or to
    comp it they never even let us know they had to pay us if we
    requested to paid. Is this legal?

  • #2
    Here is the fed. fact sheet re comp. time:

    http://www.dol.gov/esa/regs/compliance/whd/whdfs7.pdf
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      And here are the actual regulations:
      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR553.22.htm
      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR553.23.htm

      You will notice that the second one references "agreement prior to work" to accept comp time, at 1.5, for overtime, but that this can be satisfied by a CBA provision stating such. Are you covered by a union contract?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        No we were not covered by any union. The comp time recieved was straight time not 1.5. I signed no agreement and they never ever let us know that we had the option to recieve paid ovetime.

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        • #5
          What did you do at the sheriff's office (you were non-exempt, right?) & how long ago did you work there? There's a time limit on wage claims. Thanks.
          Last edited by Betty3; 02-03-2008, 05:02 PM.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            If you're within the time limit, then, you should file a claim with the state Dept. of Labor. Not only were you not given the option for cash payment, the time was not accrued at 1.5 as the law requires. The law also requires that any unused comp time be cashed out at termination.

            Hopefully, you haven't waited too long.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              That is correct I was a non-exempt employee. It has been a little over a year since I have worked there. I would love to file some type of claim.

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              • #8
                Hopefully, you weren't an employee of the state.

                http://www.in.gov/dol/files/WageClai...7Corrected.pdf
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Thank you for the link. If my employer disptues this what will happen then? I do not want to take money away from public safety because it is under budgeted as is, so more or less I would just like for them to stop this practice. I have thought alot about this since I first started the thread and at my interview the Jail commander actually told me that "you do not make overtime here all your time will be comped" those were his exact words. It is upsetting to me that they have done this for so long and no one has blown the whistle on them I only hope that I can calculate my overtime somehow with my W-2 any suggestions on that front?

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                  • #10
                    Originally posted by bs554 View Post
                    ... I only hope that I can calculate my overtime somehow with my W-2 any suggestions on that front?
                    W-2s are legally based on actual payments made by the employer. If the employer has not paid your overtime, then the non-payment should NOT be reported on the W-2. Based on what you have said, your W-2 is fine. The problem is that you are due wages that you have not been paid. That is a DOL problem solvable by filing a wage claim or a court action.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      Thank you for your feedback. I have a wage claim form I just do not know how to calculate the my comp time that I earned. Also if I used the comp time I aquired I do not know if I even have a case. But I would think that it is still illegal to refuse an employee the option to be paid for overtime worked is this correct?

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                      • #12
                        Yes, you must have the option. But, if you used some of it (and it was banked at straight time instead of 1.5 time), you're probably going to have a hard time figuring it all out.

                        Do you have any idea what your comp time balance was at the time you terminated? I used to manage the payroll operation for a large municipality and we showed the balance on the pay stub. Minimally, you could ask for the outstanding balance * 1.5 * your hourly rate at the time of termination. It's not all you're likely owed, but it may be a good place to start.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          So would my previous employer retain these record that I would need. And also I was not termintated.

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                          • #14
                            "Terminated" to us HR types means you no longer work there. If you quit, that's a voluntary termination. If you were fired, laid off, or otherwise let go by instigation of the employer, that's an involuntary termination.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                            • #15
                              Originally posted by cbg View Post
                              "Terminated" to us HR types means you no longer work there.
                              Oh, my, I'm an "HR type"!
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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