Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Salary Overtime exemption MO? Missouri

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Salary Overtime exemption MO? Missouri

    I work for a delivery and installation company in St. Louis and we work 6 days a week at 9 hours a day with there sometimes being late nights. We dont get paid any overtime at all. I was wondering if theres anyway to find out if this is right or not. Noone seems to know how salary laws work and most say we are just screwed. Im just trying to find out for sure.

    Edit- Also was wondering about sexual discrimination because we all used to work 6 days a week for a couple years and then when 2 of the female office workers got pregnant and the babies came all of the sudden they went to 5 day work weeks and we stayed at 6 with no loss of pay.
    Disc_Golfer
    Junior Member
    Last edited by Disc_Golfer; 04-12-2010, 07:34 PM.

  • #2
    WHO doesn't seem to know about overtime laws? The employer? Who have you talked to at the company about this issue? HR? Payroll? What do you actually do in your job? The details matter.

    Unless you meet the criteria for one of the four exempt classifications, you are nonexempt and entitled to overtime pay for hours of excess of 40 in a workweek.
    http://www.dol.gov/whd/regs/compliance/fairpay/main.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Well this is kinda a sticky situation and I dont want to ask anyone about this here because its a large family owned business with several locations and everyone is tight knit. We work in the warehouse, lift very heavy pool tables, shuffleboards, and various other home items. We assemble them. We deliver to Illinois often. We have guys that drive to other stores with no compensation, <they drive for about 8 hours and stay overnight. Its all pretty much manual labor. there is about 20 employees only of which 8 would fall into this category. Im really nervous just asking about this in fear of my job. But I think we need to know. Also I have been here for almost 5 years if it comes to be that we should be payed overtime would there be back pay involved. I really would like to forgive and forget if they just fixed it.

      Comment


      • #4
        You are definitely nonexempt.

        But honestly, if you aren't willing to bring this up to the employer, your only other options are to file a claim with the federal Dept. of Labor (Missouri does not enforce the FLSA, although many states do) or to file a civil claim. Theoretically, you cannot be legally fired or otherwise disciplined for reporting an alleged violation of law to the proper regulatory authority. In reality, employers can usually make up some reason to fire you anyway; however, in that case, you would also have a wrongful termination case and, the closer the discipline/termination is to the time they find out you filed, the more likely you would be to prevail.

        The federal DOL will go back 2 years, 3 years if the violation is deemed willful, and the process is free. You may be able to go back further with a civil suit, but you would have to talk to a Missouri employment attorney about that and, although there would be attorney's fees, it's likely they could be included in the suit.

        Have you filled out time sheets/cards showing the actual hours worked? The employer is only required the by FLSA to keep those for two years. Do you have any personal records of time worked?

        The discrimination question is beyond my expertise; I'll have to leave that to another responder.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          We do not have anywhere near enough information to judge if there is any illegal discrimination going on. There could be 100 different reasons why the women with new babies are only working 5 day weeks, and 95 of them would be legal.
          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.

          Comment


          • #6
            Not really worried about the discrimination thing, just whats right as far as exempt status goes. We dont keep any records of time worked but everyone knows how many hours we put in. Its been the same since i started. We really just want it fixed and believe he is just making a mistake and truly didnt know. If I file a claim would that be kept secret? I think we might just need to have a talk.

            Comment


            • #7
              There is no way to file a discrimination claim with the EEOC and/or your state human rights board and have the employer not know about it.
              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.

              Comment


              • #8
                Here are the record-keeping requirements under the FLSA. Sounds like these owners don't have a clue. If you file a claim, estimate to the best of your ability, but the fact that they have not kept the required records will basically mean that the DOL will accept your estimate, because the employer can't prove otherwise.
                http://www.dol.gov/whd/regs/compliance/whdfs21.pdf

                And here are the basic overtime rules.
                http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

                Makes you wonder what "else" they don't have a clue about.
                Pattymd
                Senior Member
                Last edited by Pattymd; 04-13-2010, 09:47 AM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  First off Thank you all for the help. It's nice to see people helping others. I dont think we would have ever done anything without this information. We <the dept> talked it over and I am going to provide our boss with this information. My last question would be, If I print out these documents with the laws on them would there be anything else anyone could think of to bring with me so i am prepared fully. Also would it be wise to invite a third party into the conversation? sorry 2 questions...

                  Comment


                  • #10
                    You have the basics. You could also refer them to this:
                    http://www.dol.gov/compliance/laws/c...m#CA_Materials

                    What kind of third party? The employer doesn't have to allow a third party into the conversation.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      I meant just another employee. Not any outside people.

                      Comment


                      • #12
                        The same answer applies; the employer is not obligated to allow ANY third party into the conversation, even if the third party is another employee.
                        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.

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X