Legal Junkies Forums

#1 Community for Legal Questions and Answers

 
Go Back   Legal Junkies Forums > LABOR and EMPLOYMENT LAW > Salary and Workers Compensation

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout

Notices


Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old 05-22-2017, 08:05 AM   #1
Steve H
Junior Member
Country:  
Steve H's Flag is: United States
 
Join Date: May 2017
Posts: 1
Default Over time hours -- Can I file a complaint with WHD?

For 3 years in 2003 until 2006 I was on an L1 employment visa and was doing support of IT system. I was required to login to computer and respond to the problem within 15 mins of the pager message. I was on alert 24 hours. I was paid only a fixed salary every two weeks and time reporting allowed was only 40 hours. I did not get any overtime allowance. It was not a work of being available on phone. I had to work on computer as soon as pager alerts any time. Can I file a complaint with WHD now? I was told that I was an exempt employee hence no overtime was applicable for my job hence was confused and being new to US I was ignorant of WHD laws. Please advise.
Steve H is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 05-22-2017, 11:15 AM   #2
Lexus
Top Level Member
 
Lexus's Avatar
 
Join Date: Sep 2010
Posts: 8,396
Default Re: Over time hours

In this case your employment contract determines your nature of work and under what role you are appointed for. It is good to consult a lawyer to determine whether you are within limitation period to file a case and to determine whether you have legal standing to the case.
Lexus is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 05-22-2017, 09:31 PM   #3
AFFA
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 23,008
Default Re: Over time hours

I wish to inform you that WHD is committed to ensuring that workers are paid properly and for all the hours they work, regardless of immigration status. You may contact them on telephone and seek guidance. However, the FLSA contains a two-year statute of limitations (three-years for willful violations). This means that any part of a back wage claim which was earned more than two years before a federal court lawsuit is filed may not be collectible.

AFF
AFFA is offline   Reply With Quote


Did you find this post helpful? Yes | No
Reply

Bookmarks

This thread has 2 replies and has been viewed 472 times


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
changes hours (general manager changed my hours) MGNelite Attorneys and Legal Ethics 7 07-15-2012 06:36 PM
How many hours straight? (employee hours, Colorado law) Rnoem Salary and Workers Compensation 1 07-26-2010 10:30 AM
What is part time hours? Unregistered Salary and Workers Compensation 0 09-23-2008 09:23 AM
PTO/sick time hours Unregistered Salary and Workers Compensation 1 06-26-2008 09:42 PM
Fired: 80 hours of family sick time? Tiffany Civil Litigation 1 12-18-2006 11:02 AM




All times are GMT -4. The time now is 08:44 AM.


Use of the Forums is subject to our Disclaimer. Copyright 2009-2018 by LegalJunkies.com