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Employer Not paying overtime in Pennsylvania Pennsylvania

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  • Employer Not paying overtime in Pennsylvania Pennsylvania

    Ok so heres a little background information. My girlfriend has been working for a dentist for almost two years now. Recently they increased hours and they started making her work one Saturday a month. The week of 8/23 my girlfriend had 41.46 hours that week. Now i know this isn't a lot, but the reason why im asking is because one of her co-workers had a similar situation. The co-worker had 6 hours of overtime this same week. The manager told her that they count total overs for both weeks and it has to be over 80 hours in order to get paid overtime, so this turned out into a big arugment and her co-worker was sent home. Also this same week the dentist that owns the business told my girlfriend if she went over 80 hours they would just move the extra hours to the next pay period.

    So I need information that i can print out that shows its 40 hours per week and what fines they may receive. Any help would be appreciated...
    ztcch
    Junior Member
    Last edited by ztcch; 09-06-2010, 01:26 PM. Reason: na

  • #2
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

    Honestly, if the employer just fixes this, there probably won't BE any fines, not for two employees, and not for the first violation.

    DOL: Do it correctly from now on and pay the back overtime due.
    Employer: OK.

    Pretty much done.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Originally posted by Pattymd View Post
      http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

      Honestly, if the employer just fixes this, there probably won't BE any fines, not for two employees, and not for the first violation.

      DOL: Do it correctly from now on and pay the back overtime due.
      Employer: OK.

      Pretty much done.
      I don't believe it is going to be that easy. Like i said the other co-worker got sent home when questioning why she didnt receive her overtime pay. They flat out told her the total hours have to be over 80 hours.

      Comment


      • #4
        also what would the fine be?

        Comment


        • #5
          WHO told her the hours have to be over 80? The employer? Then the employer would be wrong. Only hospitals and nursing homes can use this exception; not dentist's offices.

          I don't mean this to sound overly harsh, but what difference does it make to your girlfriend and her co-worker what the fines may or may not be? The DOL does have discretion in assessing fines (or not). The goal here is to get the employer to pay what the law requires. When the law is clear, and there is a fight between the employer and the DOL, guess who's going to lose?

          She and her co-worker can each file unpaid wage claims with the state Dept. of Labor and Industry.
          http://www.portal.state.pa.us/portal...=553573&mode=2
          Pattymd
          Senior Member
          Last edited by Pattymd; 09-06-2010, 01:44 PM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd View Post
            I don't mean this to sound overly harsh, but what difference does it make to your girlfriend and her co-worker what the fines may or may not be? The DOL does have discretion in assessing fines (or not). The goal here is to get the employer to pay what the law requires. When the law is clear, and there is a fight between the employer and the DOL, guess who's going to lose?

            She and her co-worker can each file unpaid wage claims with the state Dept. of Labor and Industry.
            http://www.portal.state.pa.us/portal...=553573&mode=2
            Well the problem is her co-worker already got the run around and sent home. I want the facts and everything printed out, so the manager cant tell her some bull or send her home. I could careless about the fines and my girlfriend is not good with dealing with things like this.

            Wheres shes works the owners clearly care about money and not the employees. So this is not going to be one of those things where she says you owe me 1.46 hours overtime and they pay her. I hate her job I have been trying to get her to find another job for sometime.

            Comment


            • #7
              I gave you the DOL Fact Sheet in my first response.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by Pattymd View Post
                I gave you the DOL Fact Sheet in my first response.
                OP, if you go to the link Patty provided you will have what you need. It sounds to me like filing with the dol or industrial commission may be the route to take. It will take a lot longer, but there will be no run around!
                Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                Comment


                • #9
                  so they told my girlfriend today that they are a small business and they dont have to pay overtime to anyone.

                  also what are the rules as far as moving hours to different checks to prevent people from getting overtime pay?

                  Comment


                  • #10
                    Originally posted by ztcch View Post
                    so they told my girlfriend today that they are a small business and they dont have to pay overtime to anyone.

                    also what are the rules as far as moving hours to different checks to prevent people from getting overtime pay?
                    They are mistaken. It sounds like it is time to get the Dept of Labor involved.
                    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                    Comment


                    • #11
                      The fact sheet covers that.
                      Averaging of hours over two or more weeks is not permitted.
                      Here is the exact regulation.
                      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.104.htm

                      The employer may be thinking, incorrectly, that because he grosses less than $500K per year in revenue (in fact, he does), that he is not subject to the FLSA. Not true. If the worker is "involved in interstate commerce", that makes him subject to the FLSA, no matter what his gross revenue is. I'm sure the office takes credit cards issued from banks in other states, buys equipment or supplies from out-of-state suppliers/manufacturer's, etc.
                      http://www.dol.gov/whd/regs/compliance/whdfs14.pdf

                      At this point, she is not going to convince him. She should file the claim.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        It may have been that the employee was sent home for arguing not because she asked a question about OT. The employer is probably wrong, but that doesnt give the employee the right to stand and argue with the employer if it disrupts the work place.

                        Also, are you aware that fines, if any, go to the state not to the employee?
                        I find that the harder I work, the more luck I seem to have.
                        Thomas Jefferson

                        Comment


                        • #13
                          Also, once she files a wage claim with the DOL, her employer will not be able to retaliate against her for filing the claim. However, sometimes it can make the employer less likely to overlook other issues (performance, tardies, etc).

                          I would advise if she is unhappy with her job, to let things go for now while she looks for other work. Once she finds another job, file the claim then (claims can go back 2 yrs; 3 yrs for willful violation). It isnt necessary to do it this way, but it may make life a little easier...

                          Comment


                          • #14
                            Originally posted by Morgana View Post
                            It may have been that the employee was sent home for arguing not because she asked a question about OT. The employer is probably wrong, but that doesnt give the employee the right to stand and argue with the employer if it disrupts the work place.

                            Also, are you aware that fines, if any, go to the state not to the employee?
                            I wasnt concerned about the fines going to the employees more so management getting the point. Pay up or the claim will be submitted.

                            Comment


                            • #15
                              Originally posted by sevenfortythree View Post
                              Also, once she files a wage claim with the DOL, her employer will not be able to retaliate against her for filing the claim. However, sometimes it can make the employer less likely to overlook other issues (performance, tardies, etc).

                              I would advise if she is unhappy with her job, to let things go for now while she looks for other work. Once she finds another job, file the claim then (claims can go back 2 yrs; 3 yrs for willful violation). It isnt necessary to do it this way, but it may make life a little easier...
                              I hope they don't retaliate, because they will see a side of me they never seen before. I am one persistent guy and I will get whats mine one way or another. I already filed the claim and another one of co-workers got shorted 16 hours of overtime and they are going to move it to the next check.

                              I don't understand they make well over a million a year and they are crying about overtime just confuses me. I have already been looking for another job for sometime.

                              Comment

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