Looking for advice on a legal issue. Here's what happened.
denied overtime for 6 months. I've been dealing with this for about 8 weeks now and the situation isn't improving.
I have worked at this company for 1 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.
Do I have a strong case? What should my next steps be?
Following this thread — I'm in a very similar situation. Would love to hear how it turns out.
Been there. Here's what I learned.
I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.
Been there. Here's what I learned.
What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.
I went through almost the exact same thing.
What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.
I practice in this area. Here's my take on the legal issues.
This is a common situation and the law is fairly clear. Under the FMLA, qualifying and covered.
The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.
I've seen this play out several times in my field.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
I've seen this play out several times in my field.
What worked for me was having everything documented. It took 3-6 months but was worth it.
I went through almost the exact same thing.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
Been there. Here's what I learned.
I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.
I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.
Been there. Here's what I learned.
I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.
Not a lawyer, but I have direct experience with this.
I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.
I've been working 50-55 hours per week for the past 6 months and my employer hasn't paid any overtime. They claim I'm "exempt" because my title is "Assistant Manager." But I spend 90% of my time doing the same tasks as hourly employees — stocking shelves, running the register, cleaning. I supervise one part-time person.
This is textbook misclassification. Under the FLSA, the "executive exemption" requires:
You fail criteria 2 and 3: if 90% of your time is non-managerial work and you only supervise one part-timer, you're almost certainly non-exempt and owed overtime at 1.5x your regular rate.
Damages: 6 months × ~12 overtime hours/week × 1.5x rate. Plus liquidated damages (double the unpaid wages under FLSA) if the employer can't prove good faith. Plus attorney fees.
Most wage theft attorneys work on contingency. The "Assistant Manager" title trick is one of the most common FLSA violations — you have a strong case. File a DOL complaint or contact an employment attorney. The statute of limitations is 2 years (3 for willful violations).