So a friend of mine told me that a friend of his and other people have been told that they will stop paying overtime or time and a half rates, despite working 70hrs~ a week.
So I did some quick research and found about the Fair Labor Standards Act (FLSA), which is a federal thing.
My question is, is this legal? Or is there something he can do or 'fight' for avoid this from happening?
Posted May 11, 2019, 2:55 AM UTC
If this person is hourly in the US then it's illegal.
Thank you, seemed like it to me, just want to make sure and so I can help him on what to do if he's told the same thing.
My guess is that they want to shake off a few people by doing such claim and hire new 'cheaper' people.
I have worked jobs where I worked 50-70 hours per week but didn't receive overtime. Companies can get away with this if you're compensation is 100% commission or if you are flat rate (paid by the job / each job is rated to take so long). I'd you're friends fall in those categories, good luck. If they're hourly, then FLSA stated that they must get overtime.
Hella illegal. Problem is whatcha goin to do? Report them? They fire. You have no job. You have no overtime.
We have a bunch of meaningless rules in place that are difficult to enforce.
Yes, we have some messed up laws in this country. All the employer has to do is reclassify the job to being a salaried, non exempt position, and boom, no overtime, no matter how many hours, and the kicker, a salaried employee is expected to get ALL the work done, no matter how fucking long it fucking takes. My dad was a chemical corrosion engineer in the oilfield, he was salaried, sometimes, the oil well would blow up, or just get fucked, and he would be working 20 hours a day for weeks on end, just brutal.
I’m actually suing the shut out of an ex employer over this shit. There are State and Federal guidelines that may be in violation. If the business engages in monetary transactions over state lines that is when Federal comes into play. Start with BOLI. Figure out what the rules are, ask questions. Then, begin compiling evidence to build a case. Collect all emails, memos, texts, notes, documentation regarding these changes. Then log your hours. ALL of them. From your Start Date to current. Note raises or unusual changes in your work schedule. Get about 3-6 months of undeniable documentation. Then file an official report. If the company employs more than 6 employees the stakes are higher. If you all band together it can be a class action suit. You will likely get fired if it is found that you have reported them. Document that too. Now you have a whistleblower suit too. Make sure that BOLI provides you with copies all of the information they have from their investigation report, including what the employer had to say. BOLI will often not find in your favor, do not be dissuaded. Now you can see their cards before even having a court involved. Keep building your case.
Now lawyer up. You can do this right off the bat. They will often advise going through BOLI first as well. You’ll likely need a lawyer willing to work on contingency. If you’ve built yourself a decent case, it won’t be hard to find one.
There will be small records request fees, and eventually a $500 court filing fee. You’ll be about a year in by that point. Throw in punitive damages, and legal fees you’ll be going after the employer for about $100k+. Minus 33% for the lawyers, you still make bank.
r/legaladvice is better suited for this. Including the sate is very important as well.
Thanks, didn't know how or what subreddit to search for.