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salary paid, 7days a week 3 weeks straight NO overtime Indiana

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  • salary paid, 7days a week 3 weeks straight NO overtime Indiana

    I am a salary paid employee of a small company. we travel to a new out of state site about once a month. the company is based out of nebraska but my legal address is in indiana. we generally work about 3 weeks straight 7 days a week and usually 8-12 hours a day. like i said i am paid salary and also receive a per diem / per day that i am out of town.

    lately ive only been getting like 3 days off a month. I want to know if there is any type of labor law that would require them to pay a overtime pay or some how where they have to compensate for the excessive hours.

    also for example i drove out to our last sale site left my house at 7am got to the site and worked till 7pm. then was instructed to go and pickup some of our other employees from the airport. after 2 rounds i got back to the hotel a little after 1am and was obligated to be down in the hotel lobby at 7am the same morning. i do believe there is a labor law that states that you have to have 8 hours of rest before you next shift.

    with this particular company if i would bring this to attention or demand my 8 hours of rest they would fire me on the spot. also after 1 year and 2 months i have not recieved a raise.

    please help thanks in advance

  • #2
    What are your actual job duties? What is the industry?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      job duties: anything and everything
      industry: auction company

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      • #4
        but when i was hired on it was told to me 3 weeks work 1 week off

        Comment


        • #5
          You need to be more specific about your job duties. It is your job duties that determine if you are exempt or non-exempt, and it is your exempt status that determines if you are due additional compensation for extra hours worked.

          If you are non-exempt, then with extremely limited exceptions you must be paid overtime for any hours over 40 in a week. There is NO requirement that you be paid overtime because you work 7 days a week; it is SOLELY on whether you worked over 40 hours in the work week. As an example, if you worked nine hours a day for five days and then had two days off, you would be due overtime because you would have worked 45 hours in the workweek; however if you worked 5 hours a day for seven days you would not be due overtime because you would only have worked 35 hours in the workweek.

          If you are an exempt employee, then there are no circumstances whatsoever in which you are entitled by law to a single penny over and above your regular salary, even if you work 365 days a year.
          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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          • #6
            You noted: "I do believe there is a labor law that states that you have to have 8 hours of rest before your next shift."
            "also after 1 year and 2 months I have not received a raise."
            "but when I was hired on it was told to me 3 weeks work 1 week off"
            __________________________________________________ _______________
            There is no law that requires a min. # of hrs. off between shifts unless you have a binding employment contract guaranteeing this. There are exceptions such as for minors & employees in "safety" occupations (ie airline pilot, long haul trucker).

            There is no law guaranteeing a raise after a certain period of time or at all unless again you have a binding employment contract guaranteeing a raise & when.

            Your employer can change your schedule/shifts as necessary and again unless you have a binding employment contract to the contrary. (a binding contract guaranteeing a certain schedule).
            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


            • #7
              Originally posted by cbg View Post
              You need to be more specific about your job duties. It is your job duties that determine if you are exempt or non-exempt, and it is your exempt status that determines if you are due additional compensation for extra hours worked.

              If you are non-exempt, then with extremely limited exceptions you must be paid overtime for any hours over 40 in a week. There is NO requirement that you be paid overtime because you work 7 days a week; it is SOLELY on whether you worked over 40 hours in the work week. As an example, if you worked nine hours a day for five days and then had two days off, you would be due overtime because you would have worked 45 hours in the workweek; however if you worked 5 hours a day for seven days you would not be due overtime because you would only have worked 35 hours in the workweek.

              If you are an exempt employee, then there are no circumstances whatsoever in which you are entitled by law to a single penny over and above your regular salary, even if you work 365 days a year.


              well my job duties are pretty much we setup for the auction, sort the parts then sort again, then prep everything for the auction. then the auction im in the ring marking parts and grouping customers items together. then afterwords i build the pallets and load the semis for tip money.

              but pretty much it is whatever they tell me to do. ive done plenty of random tasks for them. but they also act like i am always on call.

              as far as this exempt i do not follow 100% are you talkin about my tax exempt status? i get paid every 2 weeks, salary, with taxes taken out.

              i appreciate the help

              Comment


              • #8
                Not "tax exempt". That is IRS and the Internal Revenue Code. We are talking about something very different. There is a federal law called FLSA that says all employees must be paid minimum wage and overtime, absent the employer being able to support a specific exception. There are something like 100 or so exceptions in the FLSA law to MW, OT or both. If someone is not subject to MW, OT or both, they are referred to as "Exempt" (not "tax exempt").

                I am going to exaggerate here for a moment, and since I do not know exactly what you are doing, I am going to get some of it wrong. Bill and Ted do auctions. Bill is an expert appraiser and an expert auctioneer. Bill is likely Exempt under the Professional exception. Ted is blue collar. Ted moves things, does things, but he does not have a specific degree or belong to a trade association in moving things or doing things. Under federal law, Ted is almost certainly non-exempt. Even if Bill moves the occasional thing, Bill likely remains Exempt.

                Now employees could be neither Bill or Ted, but stuck somewhere in the middle. Meaning that we are no longer sure what the Exempt status is. But if you functionally look a lot like either Bill or Ted, then you know your Exempt status is.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  well that help clear it up alot. looks like im ted pretty much to the T. so in that case i should be entitled to overtime pay. and maybe even some past overtime pay?

                  any recommendations about addressing the issue to either the owner or the office lady? or about receiving back pay?

                  like i said in my first post it would be really frowned upon bringing this up and could likely cost me my job. worst case scenario would that be grounds for sueing him for back pay?

                  and from here on out should i start keeping track of the hours i work? we dont have anything where we clock in and out. so i dont even know if keeping track of my own hours would be legit enough

                  Comment


                  • #10
                    Theoretically, you cannot be fired or otherwise retaliated against for filing a wage claim. Realistically, however, the employer who had any brains would never SAY that's why they were firing you. OTOH, any employer who had any brains would be complying with the law.

                    Not keeping time records for nonexempt employees is a violation of law, also. You definitely need to keep your own records starting immediately and start trying to recreate your hours to the best of your ability for time past. With the employer having no records, any claim you make will pretty much accept yours; the employer would have to prove you didn't work the hours you claim.

                    Can't advise you on whether or not you should address this internally first. We don't know your boss. I will say, though, that in some states (don't know about yours), making an internal complaint does not invoke the "whistleblower" protections that filing a wage claim with the state or federal Dept. of Labor does.

                    How long has this been going on?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      ive been working there about a year and 2 months. he is pretty legit on covering his own, but this is an auction company so ya they are very crooked.

                      my boss is pretty much an Ahole. he gives no respect to any of "blue collar" employees and he has a personal vendetta against me because i speak my mind. i do my job 110% everyday, literally. i have never received any type of compliment, or even a good job. and for example i was threatened with my job twice this past auction over stupid stuff. he has made discriminative comments towards me on multiple occasions.

                      i have a better career lined up at the beginning of summer but i just want to keep myself covered and get what i am owed

                      Comment


                      • #12
                        Then I think I'd bypass him and file the claim directly with (it looks like) the federal Dept of Labor. You have up to two years to file and three years if the violation is found to be willful.
                        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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                        • #13
                          It is also against federal law (FLSA) to terminate someone for filing a wage claim. It may also be against IN law, but not my state, so no hard idea on that.

                          Now as Patty says, any employer who is not stupid will claim some other reason for the termination. However, if the wage claim is filed prior to the termination, you can at least attempt to claim the two actions are related. I will not say that it is certain that you will win, but arguably your legal situation is better if the wage claim was filed prior to you talking to the employer. Not certain. Not perfect. Just better. Wage claims or court actions are never a certainty.

                          And agreed with Patty's other point. Start recording your hours worked at home. Do not use the employer's equipment or resources to do this. A paper notebook works great.

                          If the employer is a bad employer, you will be leaving sooner or later anyhow. At what point you have left, any possible downside to filing a wage claim goes away.
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

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                          • #14
                            now would i file this in indiana or in nebraska where the home office is at also where my checks are sent from.

                            also for the past year or so that i dont have my records of the times i worked but i can prove every day that i have worked because of my per diem. on that claim for the past overtime that i am owed can i just call everyday 8 hours which would still put me 16 hours a week owed money.

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                            • #15
                              Filing a complaint - DOL's Wage and Hour Division manages complaints regarding violations of the various laws and regulations it administers. To file a complaint concerning one of these laws, contact your nearest Wage and Hour Division office (http://www.dol.gov:80/esa/whd/america2.htm) or call the Department's Toll-Free Wage and Hour Help Line at 1-866-4-US-WAGE.

                              You just need to estimate the best that you can the hours that you worked in the past. Your employer will have to "prove" that you didn't work them.

                              Also, you noted: "He has made discriminative comments towards me on multiple occasions."

                              What type of comments are you talking about here? Thanks.
                              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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