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Backpay for overtime
I was previously working as a cable technician/installer in Tennessee. The company is an employee based company but paid us on a piece rate basis according to the work performed. If we worked any hours over 40, the piece rates were not adjusted. Is there anyway I can recover back pay for the overtime they neglected to pay? I have work schedules documenting several six day work weeks at eight hours a day.
If possible to recover, what would be the best method to do so? Should I contact my former employer on my own, seek out a layer, try small claims court, or contact the labor department and let them handle it? Thanks. |
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I'd go check your local labor laws. You may be considered an exempt employee, essentially working for base pay plus commission. In which case you work however long you need to, without getting overtime pay. But I'm not sure how the law considers your case.
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I checked into the laws and I do not meet the qualifications for being exempt. It also states at DOL WHD: Fact Sheet #23: Overtime Pay Requirements of the FLSA that to determine the hourly wage for piece work, simply divided gross pay by the number of hours worked and use that rate when calculating overtime owed. From what I have read, it seems clear that I should be able to recover backpay.
I am just trying to figure out the best way to do so. If I hire a lawyer, the law allows for the inclusion of legal fees in addition to twice the amount of backpay owed. I just thought it would be easier to try to contact my former employer directly before involving any external parties. |
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6 days at 8 hours/day = 40 regular hours and 8 overtime hours. Minimum wage is $5.15/hr. which makes time-and-one-half = $7.73. So that's 5.15 x 40 + 7.73 x 8 = $267.84. If you didn't earn at least that much, before taxes, on a week-by-week basis, then they owe you the difference. Contact them first, and if that doesn't work then the labor board. If you still get nowhere, then court.
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