FLSA - Fair Labor Standards Act

[altonb1]

So today I find out that my job is being changed to non-exempt from Exempt. Although their are pluses involved in getting OT, the negatives are that I lose 1 week vacation because non-exempt only get 2/year instead of 3. ALSO, Maximum bonus next year is less.

Question, though: when trying to find info on this law, it seems this went into law in 2004. Since my job apparently has been misclasified for the last 1.5 years or so, wouldn't my employer be obligated to pay me OT for all of the hours over 40 since the law was enacted? It would seem that I'd get a nice fat check if this is the case.

Does anyone know anything about this law? Thanks!

 

[her209]

Do you work in IT?

 

[altonb1]

Was it obvious? Yes--I'm a deskside support tech.

 

[Sphexi]

the Foxy Lesbian Stripper Act? I'm pretty sure all that had to do with was to force strip clubs to hire a certain number of foxy lesbians for every straight stripper they employed. Not sure what it has to do with IT jobs though.

 

[kranky]

I think it's likely you would be entitled to back overtime pay. However, collecting it might be difficult. You may need to sue the company.

From this link... (keep in mind this is written by a law firm, for employers)

9. Does back pay need to be offered to employees you reclassify voluntarily?

The simple answer is that an employer need not offer it voluntarily, but any employee who has been incorrectly denied overtime for any period remains free to demand it. Therefore, one of the implementation strategies that fits with an audit's fundamental, cost-minimization goal is often to conduct the audit in a coordinated, sensitive, confidential, and fairly-applied manner that will minimize the risk of stirring up back pay demands. Because of the intricacies attendant to effecting such goals, it is often beneficial to discuss these strategies thoroughly before beginning any audit and reevaluating its progress as circumstances dictate.

At bottom, neither inertia nor a random, half-hearted approach can ensure that an employer will wholly avoid overtime eligibility issues. This increasingly important goal is more likely accomplished through the measured application of a coordinated and strategically-astute series of actions. The guidance suggested above should provide a useful foundation for formulating an action plan customized to the unique and shifting culture and circumstances at any organization.

 

[episodic]

Originally posted by: kranky
I think it's likely you would be entitled to back overtime pay. However, collecting it might be difficult. You may need to sue the company.

From this link... (keep in mind this is written by a law firm, for employers)

9. Does back pay need to be offered to employees you reclassify voluntarily?

The simple answer is that an employer need not offer it voluntarily, but any employee who has been incorrectly denied overtime for any period remains free to demand it. Therefore, one of the implementation strategies that fits with an audit's fundamental, cost-minimization goal is often to conduct the audit in a coordinated, sensitive, confidential, and fairly-applied manner that will minimize the risk of stirring up back pay demands. Because of the intricacies attendant to effecting such goals, it is often beneficial to discuss these strategies thoroughly before beginning any audit and reevaluating its progress as circumstances dictate.

At bottom, neither inertia nor a random, half-hearted approach can ensure that an employer will wholly avoid overtime eligibility issues. This increasingly important goal is more likely accomplished through the measured application of a coordinated and strategically-astute series of actions. The guidance suggested above should provide a useful foundation for formulating an action plan customized to the unique and shifting culture and circumstances at any organization.

In other words, your career would probably be over? haha 🙂

 

[altonb1]

Any other opinions on this?

 

[fitzov]

http://www.dol.gov/esa/whd/flsa/