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No OT for over 2-years - Utah

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  • No OT for over 2-years - Utah

    For over 2-years I've been working under the assumption that I was exempt
    from overtime. Being a field service technician, I recently found out that I am
    actually considered a non-exempt employee and should have been paid for
    the OT that I worked.

    The company is attempting to discredit my claim by using security logs with
    many "holes" or gaps in the data which in my opinion should make the logs
    questionable at best. My question is this, if the company cannot verify my
    time accurately, who will the DOL likely side with?

  • #2
    All you can do is submit a claim to your state's DOL & tell them the truth. Of course, if you have anything that would verify the hrs. you worked, that would certainly help. However, your employer will have to prove that you are not due the OT wages you are claiming.
    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 you'd better file that claim soon, because, although I haven't checked Utah law specifically, many states limit the time you can file a claim to 2 years (or in some state, even less) after the violation.
      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
        Thanks for the replies. According to the US DOL I can only go back 2-years.
        As of yet, I haven't been able to find anything on the Utah law and the Utah
        labor commission site just refers me to the US DOL site.

        Time to ask my attorney...

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        • #5
          The US DOL gives you 2 yrs. to file from date of violation. (3 yrs. if willful violation)

          However, this is Utah's statute:
          Utah 34-28-9
          (1) (a) The division shall:
          b) The commission may make rules consistent with this chapter governing wage claims and payment of wages.
          (c) The minimum wage claim that the division may accept is $50.
          (d) The maximum wage claim that the division may accept is $10,000.
          (e) The wage claim shall be filed within one year of the date the wages were earned.
          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
            Thanks Betty.

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            • #7
              You're welcome.
              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.

              Comment

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