What would you guys do? Labor Board

pixa241

So according to our state labor board if you are a technical employee, you are supposed to get paid overtime and paid for being on call if you do not manage anybody. Our company has us as exempt so we do not get that and we do not manage anybody. We constantly work 60+ hours a week and is starting to get tiring. Other than "look for another job" what would you guys do? I like where I work, but all these extra hours can get tiresome. I am a network admin at my company, but all our admins here are jack of all trades since we are in healthcare. Thanks.

networker050184

Unless you have the stomach for a law suit "look for another job" is probably your only choice.

rsutton

Doesn't that law only apply to non-exempt employees? Unless you are saying you should be non-exempt - but that has different rules and usually depends on how other employees within your company are classified. Either way, I'd start by talking to your manager about your concerns. If you come prepared with some solutions you may be more likely to get a favorable response.

thomas_

Even if you were exempt, companies can still land in hot water if they work their employees over 40 hours and that pushes their pay below minimum wage based on the total number of hours they worked.

636-555-3226

You could always do what some other people do who dislike their job but don't want a new one. Slip and fall on some ice/water going into work one day by the front door. Hit your head and have constant headaches nobody can diagnose or treat. Live a life of disability on our dime. Of course, there's always a chance you'll go to jail, but the odds are slim given government cutbacks. I don't recommend it, but every time I go into Walmart I'm convinced most of the people there are doing just that.

markulous

Are they illegally putting you in a non exempt status? Not sure what you're saying exactly.

pixa241

I think they are putting as as exempt when they should not. They are basing it off of FLSA, but according to that it seems that is for Software/Programmers, and not for Sys/Network Admins.

Russell77

The first thing to do is to document your hours in a journal. Dates times, who you worked with, what you were doing and who knew you were working these hours. Do not let anyone know you are collecting this information. After about a month contact the state labor board and ask if someone would like to look at this journal and if it is possible to stay anonomus to the company and that there this issue affects other employees as well. If the labor board finds violations they can force the company to give you back pay. The more proof you have that you were working the better. If you have key cards, telephone log ins. It can help point the investigators in the right direction to account for time. They just can't make up a number so find the thing that the company forgot to take into account.