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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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My employer told me she wasn't going to pay me overtime.

Customer Question

My employer told me she wasn't going to pay me overtime. For the last two pay periods I have been paid regular time. The first pay period I had 133 hours and the other I had 86.5.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

In what state do you work in? Are you hourly, salaried? What is your position? How many employees does your employer currently employer, approximately? Please advise.

Customer: replied 1 year ago.
I work in Alabama I am hourly and we have 3 full time employees and 2 part time employees
Expert:  Dimitry K., Esq. replied 1 year ago.


What you are describing is a direct wage violation. If you are working beyond your 40 hours a week and you are not 'exempt' or salaried, the employer owes you the funds. In such situation you can go in one of two ways. First, you can contact your state's Department of Labor and file a wage dispute. Second, you can also consider filing in small claims for the wages you were underpaid. If you go via the Dept of Labor it will likely take longer but the Dept may pursue fines against the employer.


Dimitry, Esq.