How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney2020 Your Own Question
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2551
Experience:  I have significant experience in employment law.
Type Your Employment Law Question Here...
Attorney2020 is online now
A new question is answered every 9 seconds

Fleet Manager of petroleum tankers. Documented schedule is

Customer Question

Fleet Manager of petroleum tankers. Documented schedule is 6pm to 2am Tuesday through Saturday nights. First night at 2am I was informed that I was required to roll the company phone line to my personal cell phone before leaving office. At my home I am required to answer and complete all calls between 2am and 6am. ALL calls require access to computer logged into company server. Within a month i was requesting to be paid for a full 12 hours since I am tied to my home and computer until 6 am.
Drivers work 12 sometimes 14 hour shifts and in the past all dispatchers worked 12 hour shifts as well. The daytime shifts are 12 hour shifts. One or the other daytime dispatchers covers my shift at night on my days off, vacation, sick etc. THEY, working from their homes, get paid for a full 12 hours when covering for me.
I decided to work one of my days off as an extra shift every week. On that day I am paid for 12 hours, work from home but only paid for 8 the other 5 nights. Those nights I work from the office 6pm until 2am, roll the phones and finish the night from home.
Night shift has always mirrored the day shift. 2 man schedule, 12 hour shifts.
New regional manager cut it to 1 man, 8 hour shift, eliminating a position to save money. I have continually requested, for the last 2.5 years to at least discuss being paid for the last 4 hours. Im either ignored or put off by comments of "i'll look into it" then 6 months pass and still nothing. I have sent emails every 3 to 6 months and get no response. I missed one call, one night, around 5am and it was reported to manager. I was told if I missed another call between 2 and 6 I would be "written up" and if continued, be terminated. I've heard their only thoughts on the subject is that "I agreed to do the job as it existed". I did not agree and was not told about the "stand by" position regarding the phone and the 4 hours Im required to perform for free. Nobody would agree to that. The "agreed to" comment has never been said TO me but could be used in response to this claim.
They refuse to even discuss paying me for those 4 hours. Can I get back pay for all the hours Ive worked for free, just to keep my job. I WILL be fired by filing a claim win or lose.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Attorney2020 replied 3 months ago.

Yes, you are entitled to minimum wage for all hour worked. If you are fired for filing a claim that could create an additional claim for retaliation. Here is a link to the Oklahoma Department of Labor where you can file a wage claim:

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 3 months ago.
Two more questions. The way you worded the minimum wage thing, it sounded like even though I make 18.30 per hour wages that they can get away with only paying back wages based on minimum wage? When I calculate wages owed for my claim should I use 18.30 or minimum wage?
Also: Since the company knew this was happening and willingly allowed or even endorsed an obvious FLSA violation, does this behavior qualify for double indemnity and attorney fees? If not what does?
Expert:  Attorney2020 replied 3 months ago.

You normal wage rate of $18.30. Not double indemnity but it does for attorneys' fees.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.