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Faye Lee
Faye Lee, Lawyer
Category: Employment Law
Satisfied Customers: 1528
Experience:  Have 30 years experience in labor/employment law.
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Hi, My question is, can my employer take away my overtime pay

Resolved Question:

Hi, My question is, can my employer take away my overtime pay and still expect us to work daily and weekend overtime. We are Process Engineers who work for an Automotive Interiors (IAC) Company. This started in mid June and some of us have worked every weekend since on a new launch. At the time we were given a 10 % increase in pay but it in no ways covers the amount of work we are experiancing. We all need our Jobs and are pretty much afraid to say a word to anyone about this. We all spend 90% of our time on the shop floor so they are saving a lot of money currently at our expence. Others (supervisors, lab techs and such ) are still receiving straight time pay for their overtime hours which is what we were to receive in the beginning but Corporate came back and said no overtime pay for this range of pay. (40 to 50 thous). We all feel we have been discriminated against knowing the hours we spend there and thus getting their biggest savings. Is it possible this was illegal.?
Submitted: 9 years ago.
Category: Employment Law
Expert:  Faye Lee replied 9 years ago.
Hello, it appears that your job was re written and evaluated to be exempt.... can you validate and I will answer your question. Thanks
Customer: replied 9 years ago.
There has been nothing in writing as of this point. All of the changes have been verbally only. We have always gotten exception pay for hours worked over 8 hours a day and weekend work.
Expert:  Faye Lee replied 9 years ago.

Hello from what you have described your employer has evaluated your job to exempt employees meaning that you will be exempt from overtime. pay.Employer can evaluate jobs to determine their correct job pay level. However they can not move the level just to avoid paying over time.


Your work group is concern about your level being changed you can report it to the US Labor Dept/Wage Division.This is the federal Labor dept. They will review/investigate the job group to determine if the change is correct.They will take complaints over the phone.If found in your favor they will pay backpay upto two years. I hope this helps if so click accept.... remember us labor dept, not your local labor dept

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