Unpaid Overtime Explained by Lawyer

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  • Опубліковано 28 вер 2024

КОМЕНТАРІ • 43

  • @echonuim
    @echonuim Рік тому

    Thanks for this. My manager at my new employment is claiming that my 50 hour week has not gone into overtime. Preparing for the worst when i get the check.

  • @GPTeacherReis
    @GPTeacherReis 25 днів тому

    Thank you so much.

  • @ThamerMSD
    @ThamerMSD 2 роки тому +5

    Thanks for all the info! Was really surprised to see how few views this had but I guess it's because you only just recently started out. Definitely deserve way more!

  • @randomxl25
    @randomxl25 Рік тому

    I work at Dairy Queen in Thurston Country. I constantly work over 40 hour weeks and I dont get paid overtime!

  • @lisalee2885
    @lisalee2885 Місяць тому

    Ive been part time salary for 20 years. I work 12 -15 hours a week. Annual income about 20,000. Since May i lost a co worker so ive been doing his work. Which has me working about 20 hours a week and also 6-7 days straight. I asked for a raise and they said they couldn't approve that and that im salary anyway. I do get extra pay for working before 9am or after 5pm. Im office manager and always on call. No relief. Now August i get a form in an email saying because i am working more hours they are switching me to hourly. The form shows my salary for a year and my hourly is 22.00. Then shows nothing but hourly pay at 22.00. They want me to sign. The interesting thing is top right of form is effective 7-6-2024. I havent responded yet. Any thoughts as to their motive? What do i lose out of this deal? Thank you for a great video 👍😁

  • @christinajoy3282
    @christinajoy3282 6 місяців тому

    Great video. Well done.

  • @russellking5881
    @russellking5881 Рік тому +1

    Hey Mr. Hones, great video! I’m looking into this topic because my girlfriend is a nanny for this Doctor couple’s kids over in Spokane, Wa. She generally works 60+ hour per week for this family and doesn’t receive overtime. She’s been with the family for a year and a half, and last summer she became a live in nanny. She receives a W-2 and everything from the family she works for, so I don’t believe she falls under the free lance work category.
    It sounds like from your video that she may have been entitled to overtime pay up until she moved in with the family. Is that true? Or is there perhaps a case that she’s been entitled to overtime this whole time?
    Any direction on the topic or info would be greatly appreciated!

    • @edhones
      @edhones  Рік тому

      It depends. If she is living in the house, she may be exempt from overtime.

  • @thoryan3057
    @thoryan3057 Рік тому +3

    Of the jobs I have interviewed for, an incredible amount of them have been misclassified as Exempt. I'm mainly interviewing for entry-level roles with minimal autonomy and there's no freaking way most of these are legitimately Exempt. It's so common it's p*ssing me off.

    • @edhones
      @edhones  Рік тому +2

      I see it a lot too. Talk to a lawyer next time you see it!

  • @bcardamone
    @bcardamone 3 місяці тому

    Wow. Never heard of the Fair Labor “and” Standards Act. Must be the latest version of the original FLSA.

  • @BigJBear
    @BigJBear Рік тому +1

    I was just terminated for asking to be paid for the 661 hours of overtime that I've worked.

  • @Dlove-gu4ce
    @Dlove-gu4ce 3 місяці тому

    Would filing a lawsuit against the employer for this and the employer fires the employee for bringing such a claim, would that be considered retaliation?

  • @funnshinesunshine1312
    @funnshinesunshine1312 Рік тому +1

    What if the employer withheld out of spite or trying to get me to quit or do something bogus.or prejudice.
    Do I have a wrongful termination suit after I sue for overtime. Especially if I got fired for having overtime while being scheduled 6 days a week and short staffed and short handed? Then having paystubs, several, including my last check showing no ot wage, sometimes I did, sometimes it was 1.25 % instead of 1.5%
    Tf huh???

  • @mythic_snake
    @mythic_snake 9 місяців тому +1

    Where I work, we are considered "salary" employees, but we still have to clock in and clock out. We have to clock out for lunch. We make roughly $20 per hour, so not bad but could be better for our skill level (civil designers and drafters, but not engineers). Our boss allows us to get overtime pay, but only after 45 hours per week. Anything under 45 hours is considered "expected from a salary employee." Also, our overtime is NOT counted if the week is cut short for a paid holiday. So if we work 10 hours each day for 4 days, it is only considered to be 40 hours "worked" and we don't actually get paid for the extra hours since holiday pay is counted separately from "worked" hours. Most of us are dubious about some of these policies but none of us know if we're getting a good deal or a bad deal, because it's so convoluted.

    • @zylokun
      @zylokun 7 місяців тому +1

      Overtime is anything after 40 hours, end of story. You also probably don't qualify for salary. Get a lawyer

  • @lisalee2885
    @lisalee2885 Місяць тому

    Very Good Video with lots of Information 👍😁😃

  • @loganreichhart1323
    @loganreichhart1323 Рік тому +2

    I work 67 hours a week for 7-years no overtime

    • @edhones
      @edhones  Рік тому +2

      Talk to a lawyer!

  • @Pumpkin_jumps
    @Pumpkin_jumps 6 місяців тому

    I’ve been getting accommodations provided to me for over 2 yrs now suddenly they take it away saying I need a doctors note, I’ve provided that when I first got hired now. I told them what I’m suppose to do until then because the VA takes a while to get appt. Manager said they can’t provide until I get the doctors note

    • @edhones
      @edhones  6 місяців тому

      They can require doctors notes for proof of disability sometimes.

  • @JK-jl1bf
    @JK-jl1bf 6 місяців тому +1

    I just worked 9 hours overtime yesterday but I’m not getting paid that so it’s basically free labor because I’m “salary” as a FedEx delivery driver. Yeah, ok. Employer claims he is paying me based on a day rate (1 unit/day) My paycheck never changes no matter if I get caught out in a storm or have to park the truck due to high winds or have to reroute to deliver all the packages not scanned to my truck. I drive safe, deliver everything and make all my pickups on time, no tickets or accidents, no DOT violations and I follow all road laws but somehow I’m supposed to be okay with this. I’m suing FedEx in a class action lawsuit with Getman, Sweeney and Dunn in the state of New York for lost wages and being an employee who works overtime and has no scheduled breaks among a few other reasons.

    • @kyle6838
      @kyle6838 4 місяці тому

      lol me too ain’t it some shit FedEx is awful

    • @bcardamone
      @bcardamone 3 місяці тому +1

      You’re FLSA exempt it sounds like. If you don’t like your situation, go work somewhere else where you are non exempt and get paid additional for overtime.

    • @DanielNiconSr
      @DanielNiconSr 28 днів тому

      Pros and cons of salary. It's usually anywhere under salary. Worse in retail.

  • @erichorton1440
    @erichorton1440 10 місяців тому

    A company I worked for in Washington would lower my pay to minimum wage after I hit $40 an hour to avoid paying overtime. Is this legal?

  • @bobbyarant2702
    @bobbyarant2702 9 місяців тому

    Are Meal Break issues generally an area of employment law that you work in? I know violating WA State Meal Break laws potentially could result in missed overtime so that is why I was asking you here on this video even if it doesn't result in missed overtime. Thanks.

  • @rachelgibson1858
    @rachelgibson1858 5 місяців тому

    I have several coworkers who in some cases were asked to stay longer on days the store was short handed, or were asked if they could take a shorter lunch so they could be back sooner to help with lack of coverage. Well, later on, they were told they would have to take longer lunches in order to give that extra time back to the store.
    Idk if it's legal for them to do so. But I can tell you now not a single one of us will be taking shorter lunches ever again.
    One kid stayed an hour over his scheduled 8hrs upon approval of our team lead. To only be told later on by the head department manager that it wasn't approved by her therefor he had to take 2hr lunch so the 1 extra worked hour would be washed out.
    The whole department is trying to find out of we are required to take shorter lunches to meet their want of taking back time we already worked.

  • @haft8731
    @haft8731 Рік тому

    I have an issue does overtime still count on a bimonthly pay . I work 10 days on and 4 days off I had 99 hours 8 hours was holiday pay straight time but worked the holiday which was a 15 hour day plus some 1hour here and there days at the end of the pay period I have 3 hours of over time all the other days are paid out straight time. How is this fair

  • @itsmelili326
    @itsmelili326 Рік тому

    Thank you! As a former employer, I believed all of this to be true. I've recently started a new Recruiting job at a Healthcare temp staffing agency in WA, where the employer (owner) believes that the employees we hire can sign an exemption letter that if they work OT between different facilities, they're not paid OT, even though they're employed by us, 1 company.
    When I brought this up, the owner told me it's not illegal and got upset with me. Owner also believes that whoever is "on-call" (after hours), doesn't get paid for the time spent taking calls or scheduling people. We are hourly employees who work M-F 8-5. But we should be available all night and all weekend for free. And "It's included" - not paid. Wondering what my rights could be for whistle-blower or turning them in. This is so crooked.

  • @mojojeinxs9960
    @mojojeinxs9960 Рік тому

    Every facility worked in 6 different ones as a hourly employee never ever paid overtime on shift differentials.

  • @VeronicaValencia-b7p
    @VeronicaValencia-b7p Рік тому

    What about a small misc. Retail shop with only 2 or 3 employees and payed mostly in cash

  • @WELLHELLOMISSAMANDA
    @WELLHELLOMISSAMANDA 2 роки тому

    Can an employer who pays commission only demand that employees work on saturday to try to meet a bonus?

  • @waynehames4729
    @waynehames4729 Рік тому

    I wish you were my lawyer. My lawyer just settled a class action suit against a former employer. Instead of the actual amount I was owed of over $20,000, I received just over $1200.

    • @TheMostHighDaughter180
      @TheMostHighDaughter180 7 місяців тому

      How do they file class action instead of a disability lawsuit? Did you go through EEOC?

  • @luckybraraustralia159
    @luckybraraustralia159 Рік тому

    What's meaning of reasonable hours please ? That's paid or unpaid ?😊

    • @edhones
      @edhones  Рік тому

      I don’t know what you are referring to.

  • @josebecerra8029
    @josebecerra8029 Рік тому

    Do servers apply.?

  • @joelnekongo-un4fr
    @joelnekongo-un4fr Рік тому

    Am in Namibia would you be able to help me out in the same case ?

    • @JoseRX95
      @JoseRX95 Рік тому

      Different laws I guess