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What about this overtime? Illinois

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  • What about this overtime? Illinois

    Okay, so I took this job. I work for a trucking company and I am the office manager. I am not paid as a salary employee, my pay is hourly. I work from 7a.m. until 5 p.m most days. In an average week I work 50 hours. My boss says he cant' afford to pay overtime, being time and a half. So my question is, is he able to do this to me?

  • #2
    Probably not legally. There is a Motor Carrier exemption that that would not apply to an office manager. There is an Administrative Exempt classification, but that has a Salaried basis requirement, even if you should otherwise qualify for it.

    The one obvious question is whether or not your employer is actually subject to FLSA.
    http://www.dol.gov/elaws/esa/flsa/scope/screen9.asp
    Last edited by DAW; 11-04-2007, 04:36 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I'm back!

      So upon looking it up, I found that I am covered by the FLSA. Thank you for your input, it was very helpful!

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      • #4
        Since you are covered by the FLSA, it seems from your post you should be receiving overtime & can put in a wage claim with your state's DOL.
        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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        • #5
          Now there is more to the story!!

          OK, so now my boss is under the impression that he can make all the girls in the office sign a contract saying that he only pays straight time. Well of course none of us are going to sign it, but he thinks this is OK. So I guess my question now is, Can he after we are already employed here try to get us to sign this contract and is it legal for him to try to change our pay. Not that he was paying time and a half to begin with. Also, he has also said he can pay us salary on 40 hours a week. The problem is that our scheduled hours for a week are 50 hours!

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          • #6
            Your boss is a knuckle-head. You can sign the "contract" but it's completely meaningless and uneforceable. An employer cannot violate employment laws. Period. If he makes an issue of signing this document ("Sign it or your fired") go ahead and sign it. It's not worth getting into a pissing contest with the boss.

            Then everyone should contact your State's Department of Labor and file a complaint regarding your unpaid overtime. If you and the others are non-exempt, you MUST be paid for your overtime hours at the appropriate overtime rate. That's all there is to it. When the DOL investigates, he's going to get an, um, "educational" lesson in the Fair Labor Standards Act.

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            • #7
              http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

              "Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked."
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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