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ralph_on_me

Jan 8, 2008, 9:25 PM
So I've been gone for awhile, and I just wanted to let you all know I'm looking for a new job. I found out that my employer has been illegally withholding overtime pay since 2004, so I filed a complaint with the Department of Labor. After i cost my company several hundreds of thousands of dollars in back-pay and fine I'm very certain they'll find a reason to fire me.

I encourage all of you to please be aware of your legal rights. Corporations are only interested in their bottom line, not your well being.
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ac4321

Jan 9, 2008, 1:33 AM
They can't fire you after something like that, well, at least not easily. Retaliation like that violates whistleblower protection laws.

Now, if you violate company police or have poor performance, you're on your own. Either way, best of luck.
😛
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cilvzwagent

Jan 9, 2008, 12:32 PM
Who you work for? Maybe that's why they're doing all these cut backs where I work.....
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cingcing

Jan 9, 2008, 2:18 PM
Can you uh, copy me on that? 👀
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ralph_on_me

Jan 10, 2008, 3:51 PM
The Department of Labor is investigating the entire company, so you should hear something on it.

Basically they've been claiming management is exempt from being paid time and a half on overtime for all managers, however the ones with less than two full time employees under their regular supervision don't qualify for that exemption. Every manager with one or one and a half full time employees is legally required to be paid time and a half for overtime, and the company is required to pay back wages for two years, or up to three if they're found to be a willful violator
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Crapbag

Jan 10, 2008, 3:56 PM
Dude, what up!

That's crazy!
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just_asking

Jan 11, 2008, 3:12 PM
I bet you work for Radio Shack. It sounds like something they will do.
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Marcus Fenix

Jan 12, 2008, 4:54 PM
BS...
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Jennyboo

Jan 12, 2008, 6:14 PM
no it's not
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ralph_on_me

Jan 13, 2008, 5:42 PM
gotta love new people, eh?
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roach-c

Jan 12, 2008, 7:44 PM
i worked for a company for 2005 and most of 2006, i worked well over 80 hours a pay period and never saw a dime of overtime.. everything over 80 was just a reguler payout..

am i entitled to that money??? and if so how do i get it??
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ralph_on_me

Jan 13, 2008, 5:39 PM
That depends on what your job was. There are exemptions for overtime pay, but you have to qualify for it. Check out the department of labor's website to see if you did or you didn't.
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ralph_on_me

Feb 18, 2008, 4:49 PM
My investigator, Ralph (no kidding), is going to contact my corporate offices tomorrow. Let's see if I have a job tomorrow night.
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justiN0six

Feb 18, 2008, 5:25 PM
Wow harsh. Good luck. Keep us updated.
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jcoberg10

Feb 18, 2008, 8:25 PM
this is interesting because we've been told that if we make over $10 with our Hourly($7) + commissions we dont' qualify for overtime. sounds like a scam, we questioned it but were told everything was all legal. however now they've been scheduleing so that we can't hit overtime. weird!? 😕
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ralph_on_me

Feb 18, 2008, 10:15 PM
Actually, you could hold your commissions against them. Federal law states that all remuneration be considered when calculating the regular rate of pay. An employee’s earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all cases the overtime pay that is due must be computed on the basis of the regular rate. The regular rate is the average hourly rate calculated by dividing the total pay for employment (except the statutory exclusions) in any workweek by the total number of hours actually worked.

This means they probably owe you more money. Let's say you work 43 hours a week, at $7 an hour plus commissions, and for the biweekly period you've earned $300. Your hourly pay without overtime wou...
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