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Overtime question Indiana

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  • bs554
    replied
    I work for a University Police Department we get all kinds of mandatory overtime with all of our sporting events, concerts and shows. I understand comp time is valuable to a certain extent however comp time does not pay the bills and when you are barely make enough to get by comp time is useless for the simple reason you have to have money to enjoy your days off. I made 17,000 in overtime this past year I would much rather be paid 17,000 than have a few more weeks off a year.

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  • snap4876
    replied
    ot

    i wish my department would allow for all that comp time. We only can accrue 56 hours thewn all pay. We get mandatory stuck ot of at least 8 hours a week and 16 hours a week all summer. We would be able to use at least 50 extra days off a year if we had unlimited comp time that would be great. Around here in nj dept's are gettin rid of cmp time all together just wanted to let you see the flip side.

    B

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  • Pattymd
    replied
    Originally posted by cbg View Post
    "Terminated" to us HR types means you no longer work there.
    Oh, my, I'm an "HR type"!

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  • cbg
    replied
    "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.

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  • bs554
    replied
    So would my previous employer retain these record that I would need. And also I was not termintated.

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  • Pattymd
    replied
    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.

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  • bs554
    replied
    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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  • DAW
    replied
    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.

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  • bs554
    replied
    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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  • Pattymd
    replied
    Hopefully, you weren't an employee of the state.

    http://www.in.gov/dol/files/WageClai...7Corrected.pdf

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  • bs554
    replied
    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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  • Pattymd
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    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.

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  • bs554
    replied
    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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  • Pattymd
    replied
    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?

    Leave a comment:

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