Not getting paid overtime, hours "rolling over" to next check.?
I work at a Dairy Queen in Fort Wayne. We get paid bi-weekly, and this pay period I have exceeded 80 hours. I worked around 36 week one, and about 50 week two. I was told that my hours will just "roll-over" to the next paycheck to avoid being paid overtime pay. This isn't many hours, and I know if I complain to management about this I will more than likely lose my job. I have been documenting all of my hours, I am not really sure what to do next. Any advice on what I should do now would be very helpful.
Law & Legal - 3 Answers
People's Answers, Critics, Comments, Opinions :
Answer 1 :
Look up your state's wage & hours commission/department. You should be able to file a complaint with the state if this is in fact illegal. I suspect it is but I do not know the details of Indiana's laws. You might also try speaking to someone one level up from management (do you have a district or regional manager?) or if your company has a hotline to report sexual harassment, employee theft, etc. you could give that a try.
Answer 2 :
No, it's not legal. Your call - report it to the dept of labor and get the OT pay, but you're right you'd probably lose your job.
Answer 3 :
first, you need to make sure you know what the work-week is and how it relates to the pay-periods,,,,, then, overtime is based on the work-week (as defined by the employer), and it MUST be paid..... so, if you are sure that you have overtime in a work-week and are not paid for it ask management to correct this, and if they don't file a wage claim with the state at: http://www.in.gov/dol/2734.htm or just live with the abuse
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