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Old 08-22-2008, 06:28 PM   #41
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heres the scoop... the new gold mine for the ole ambulance chasers and medical malpractice attorneys is the wage hour laws. my son is an attorney who represents only employers and his specialty is now wage hour laws. they are busier than ever.,

the first issue is any complaint that comes in from anyone automatically opens a class action suit. many positions classified as exempt by ones company really arent when brought before the courts.

heres the money maker. since companies dont break out a supposed employees weekly check into so many hours straight time and so many hours overtime then any audit by a pending suit pulls these employees records out for the court to decide. now your weekly amount may very well be the same fixed amount but by the company not breaking them out if the case goes to court then that can be big trouble if your job is found not really exempt

99% of all cases are settled by employers out of court as they dont want to risk going to court and having to pay the overtime, hefty fines and penaltys and the lawyer for the complaintants. its a slam dunk for the lawyers representing employees as no attorney ever wants to have his client go before the court its to risky...

also employer insurance dosnt cover any settlements or the other sides legal expenses , if you have legal insurance it will only cover your defence as its considered breaking the law if you loose in court.

its extremely difficult to predict how the court will percieve certain jobs considered exempt by employers. usually its not black and white just different shades of gray in court and only black and white in the employers mind.
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Old 08-22-2008, 06:38 PM   #42
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also if theres a pending class action suit brought its brought for all employees working more than 40 hours. even you cant say that your pay is correct for the 40 plus hours as its what you agreed to, its akin to you saying you agreed to work for less than minimum wage in the eyes of the labor laws. you must be part of the suit if your not clearly an exempt employee ,you have no choice.....

technically im considered an exempt employee in my company because im in sales and make decisions but the decisions i make are pricing decisions and according to my son that may not be good enough in court so he advised me to tell my employer to breakout my check showing straight time and overtime even though it all adds up to the same amount
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Old 08-22-2008, 06:44 PM   #43
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My employer actually pays me so much and treats me so well that I don't mind putting in the overtime when required which so far has always been by my decision (although significant). I'm still probably going to resign in the next 6 months because I'm tired of the routine (my own mental problem) and DH wants to go back to FL (where I will get paid in sunshine). Boredom is a dangerous thing!
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Old 08-22-2008, 07:24 PM   #44
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How much an employee is to be paid is impacted by Fed & State law (sometimes even local ordinance in CA) and the employment agreement.

I have asked my former DOL Wage Hour colleagues to chime in. I can't because took a bad fall, after care from a hand surgeon I am sporting a cast on my dominant hand from my fingers to my elbow - typing is tedious.
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Old 08-22-2008, 07:50 PM   #45
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Sorry about the fall! And the typing hand no less. Take care, Brat.
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Old 08-22-2008, 08:38 PM   #46
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I ran a small computer consulting business for almost 20 years and I paid my employees straight time when they had to work past 40 hours. I also paid them for 1 hour for each 4 hours they were on call. This was times that they were required to carry a cell phone or beeper for company business on their personal time.
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Old 08-23-2008, 03:06 AM   #47
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boy would one of those attorneys love your payroll records ha ha .... ka ching!
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Old 08-23-2008, 03:14 AM   #48
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Quote:
Originally Posted by Buckeye View Post
My employer actually pays me so much and treats me so well that I don't mind putting in the overtime when required which so far has always been by my decision (although significant). I'm still probably going to resign in the next 6 months because I'm tired of the routine (my own mental problem) and DH wants to go back to FL (where I will get paid in sunshine). Boredom is a dangerous thing!

its not a question of being happy with the wage vs hours you are paid for. the problem iss really how your company breakes out the compensation on their payroll records that makes them an open piggy bank when a disgruntled employee opens a case. they must show your compensation broken down into straight time and overtime even if it still comes up to the same amount.

without these records if your position is questionable as to exempt status then as far as the law goes they didnt pay you overtime and are screwed.


thats what makes this so lucrative, in my sons firm they have yet to go ooooh man are we in a great position for this case... nope its always whats it going to cost to settle without court. theres no such defense as ,yes im fairly compensated for my 40 plus hours and am getting what im supposed to.

if payroll records dont show the overtime broken out bingo they got ya
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Old 08-23-2008, 07:47 AM   #49
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toooo funny for the first time i saw a cable advertisement last night which was for a law firm that wants employees who think they may have been stiffed on overtime.

more and more these will replace the ole if you were injured ads
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Old 08-24-2008, 09:17 AM   #50
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asked my son about partial days taken as an exempt employee as well as the origional question about whether it matters if over time is ordered by an employer vs just saying heres the project its due monday...


there are 2 aspects covered under wage hour laws, one is federal laws the other state laws..

here in new york state the law is such that vacation time or sick days is not something an employer has to give. if your an expempt employee and you take 1/2 a day the employer is allowed to go into the bank of vacation or sick time you have and deduct the time but your paid your wage for the full week..

if you have no days left and take 1/2 a day then they must pay your weekly wage in full. they cant dock you....truth is you may get away doing that once or twice but it will get you fired eventually,

most companies my son coaches are told always to just tell their exempt employees that theres a project due on such and such a date, jkust get it done. no mention of overtime,or hours you must work. or must work saturday say 9:00 to 12..

exempt employees can not be given firm hours of which they must work... but again if you veer you will be fired....
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