Gott a Question

[Kelly_Rene]

Ok, My boss is practically refusing to pay my over time/ time and 1/2....

He says he can not afford to pay me overtime. But by law he has to. Is this correct?

He is telling me that I have to limit my hours to 40 hours!

What legal action can I take against this bastard? I've been dealing with his shit, his indesisveness(SP) about how he's going to pay me? For too long!!!!!

[tony]

He wont allow you to work overtime? I dont think there is anything illegal about that, but you may want an expert opinion.

If you've worked overtime and he just wont pay then you should be able to take some legal action.

[Kelly_Rene]

He wont allow you to work overtime? I dont think there is anything illegal about that, but you may want an expert opinion.

If you've worked overtime and he just wont pay then you should be able to take some legal action.

Yea because I've got my printed time cards, and my check stubbs!
I worked 9 hourse over time the week before last, he Owed my $132 for it, he only gave me a check for $40 for that! because he says he can only afford to pay me my normal 9 an hour for the over time!

[Wurm]

I dont think they have to pay you time and a half for overtime in georgia. I think i was told that one time

[CALIWEST]

if you are on salary, he owes you nothing for your overtime.
if you have been paid overtime and/or had an agreement prior to working there then you have a case.

[fight club]

regardless if you work salary or by the hour, your employer does NOT have to pay anything more for overtime. the only reason he would is if that was agreed on in your pre-employment negotiations.

[C22H19N3O4]

The Fair Labor Standards Act dictates he must pay you at the overtime rate if you worked over the 40 hours (non-exempt). File a complaint with the state and the U.S. Department of Labor. Just make sure you have documentation of the hours worked.

Edit: There are exceptions to the law, but they don't seem to apply to your situation? BTW, are you considered management?

[C22H19N3O4]

I dont think they have to pay you time and a half for overtime in georgia. I think i was told that one time


If that were the case, no employer in Georgia would pay overtime. Georgia has no overtime law of its own (for private companies) so it relies on the FLSA. Kelly, you can file a claim with the U.S. DOL, but since it's such a small amount you probably won't prevail. You can attempt to sue him, but the filing and service fees would be equal to your loss. I'd suggest you find another job, but still file a claim with the DOL just to make him nervous. Just my :2cents: :D

[VTECin5th]

Well if thats the case man if u didn't get your money that 132 he owns you if he gave you 40 you can take actions against him for that he has to be able to afford you before you take overtime

[Flip]

If your boss says you have to limit your hours to 40 a week, jsut do that. Don't work more since he/she is not paying you overtime... If he says you can't work more than 40 hours, you have no legal recourse... seems pretty simple to me...

[Wurm]

If that were the case, no employer in Georgia would pay overtime. Georgia has no overtime law of its own (for private companies) so it relies on the FLSA. Kelly, you can file a claim with the U.S. DOL, but since it's such a small amount you probably won't prevail. You can attempt to sue him, but the filing and service fees would be equal to your loss. I'd suggest you find another job, but still file a claim with the DOL just to make him nervous. Just my :2cents: :D


this is not true it would just mean people wouldnt want to work over time as much

[C22H19N3O4]

this is not true it would just mean people wouldnt want to work over time as much


So if there were employees that worked overtime, for various reasons, they wouldn't get paid for it? If you disagree with my post link the state or federal statutes that support your assumptions.

[Wurm]

no they would get paid but they dont have to get paid time and half thats all I am saying. They would just get paid their normal pay

[C22H19N3O4]

If your boss says you have to limit your hours to 40 a week, jsut do that. Don't work more since he/she is not paying you overtime... If he says you can't work more than 40 hours, you have no legal recourse... seems pretty simple to me...


I think she is saying he owes her overtime pay from a previous pay period. Her boss does not have to provide overtime, but if it is mandatory as a basis of employment, he must pay her the OT rate above the 40 hours. Now, this is assuming she is non-management and non-exempt. If he doesn't have the cash to pay you ask for an extra day off.

[4DRGSR]

file the complaint they will investigate all of his time records....i have done that before....oh yea if he fires you for filing the report you can sue

[C22H19N3O4]

but they dont have to get paid time and half

Again, link me to the federal or state statute that supports your claim. Reading the law helps.

[Julio]

file the complaint they will investigate all of his time records....i have done that before....oh yea if he fires you for filing the report you can sue

She can file, He can still fire her and he will not be in trouble for that.. weird GA law, you have to watch out for.

For 140 bucks, I wouldnt worry to much about filling nothing, Just talk with him and come to an agreement to get paid what you are owed. The only time I would make a report is if, this is a habit.

If I tell one of my employees not to work overtime and they continue to do so without my permission, I will fire them, simple as that,, But I still have to pay the O.T.

Wurn... Pharmteg is 150% correct.

Laws do not fuck around with this issue.

[Kelly_Rene]

Thank you everyone! This is not the first time he hasn't paid me overtime. I've confronted him on quit a few occasions. But right now I have a job interview on Monday so I will wiat to see how that goes and then decide what action to take!

Thanks everyone for the info!

[collins]

so no more minikie? (spelling)
good luck with your ventures. :)

[Kelly_Rene]

haha its Meineke. Thanks Collins. I dunno yet. My interview is at Atlanta Toyota so I'm hoping it goes well! But it means I'll have fill the the car up more now :(

[melisme0]

i am a salary paid and my overtime is 5.02 an hour and it's all legal lol nothing you can do checked it out myself

[2.0civic]

She can file, He can still fire her and he will not be in trouble for that.. weird GA law, you have to watch out for.

For 140 bucks, I wouldnt worry to much about filling nothing, Just talk with him and come to an agreement to get paid what you are owed. The only time I would make a report is if, this is a habit.

If I tell one of my employees not to work overtime and they continue to do so without my permission, I will fire them, simple as that,, But I still have to pay the O.T.

Wurn... Pharmteg is 150% correct.

Laws do not fuck around with this issue.

very true Julio. GA is a right to work state or some shit that says you can be fired at anytime without a reason. +1 to you and pharmteg for sensible posts.

[IntegraXTR]

damn that sucks, working overtime and not getting paid for it

[Kelly_Rene]

Yea so when it comes to saturdays, Our busiest day, I'll just leave early if I'm at my limit. Fuck 'em