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

Announcement

Collapse
No announcement yet.

no overtime paid Minnesota

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

  • no overtime paid Minnesota

    I work for a group home in MN and they claim that if your hourly rate is not the same for days and sleep nights that they do not have to pay out overtime. For example I would work some pay periods (two week) were I would have 95 regular hours with a pay rate of $13.00 per hour and have 90 overnight hours with a pay rate of $8.00 per hour and they stated that because the hours worked were on different pay scales I did not recieve any overtime pay for either regular hours or the overnight hours. One of my coworkers had several pay periods were she had all together worked 225 hours in two weeks and she did not recieve overtime either. I need some help on the legalities with this.

  • #2
    You have two different issues here. Listed below are the rules for Group Homes, and under federal rules it seems that overtime should be paid. However, please read the entire fact sheet and not just the part I excerted.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs33.htm

    All non-exempt employees must be paid overtime at a rate of time-and-one-half the regular rate of pay for each hour of overtime worked. Residential care facilities must pay overtime after 40 hours in a 7-day workweek, or (under prescribed conditions), may adopt agreements with their employees to pay time-and-one-half overtime rates for all hours worked over 8 in any workday or over 80 in a 14-day work period, whichever is the greater number of overtime hours.
    Past that, as long as minimum wage is paid, and prior notice of multiple rates is given, there is nothing inherently illegal with paying the same employee different hour rates during the same pay period. It does make OT calculations more complicated however.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Thanks for the advise I did go to the website you provided and printed off all the information I need for that issue. I also have another issue with this employer that being that the manager below me made some untruthful acusations regarding me the day after I went on maternity leave and when I talked to my boss I stated to him that I had nothing to hide and that I wanted him to investagate the matter so he would realize who was being decieving. It has now been a month plus and I still have not recieved my last pay check I did ask for my check in writting and gave the company 24 hours and found out that he stated to the workers still there that he was not going to pay me because he paid some of me cell phone bills. Which I could understand if the cell phone was used for personal use but I am the Program Administrator and I generally use between 4 and 5000 minutes a month talking to the clients case workers and no I would not be an exempt employee because I did not recieve salary and I was working at the facility as a care worker on top of my other postion. I do however have it record at the state level that I own 5% of the business and my name is listed on the state issued license. Please help if you can thanks

      Comment


      • #4
        MN is not my state, so this is going to be a soft answer. File a wage claim with state DOL (or whatever MN calls it). It might work. It might not. But it will place the burden of proof on the employer to show that they do not owe you the money.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        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