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Being taken advantage of

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Latest post Mon, Oct 31 2011 10:05 AM by Beth3. 1 replies.
  • Mon, Oct 31 2011 1:08 AM

    • leihhurst
    • Not Ranked
    • Joined on Mon, Oct 31 2011
    • TX
    • Posts 1

    Being taken advantage of

    I am a lead group home attendent, my job description describes me as Non-exempt. I have worked an average of 4, non clocked hours a week for the past 3 years. I am working these hours before, and after my job shift. I am working these hours in addition to any overtime work that is reported. I do not report these hours because my employer frowns on overtime, but non the less my employer has a good idea that this is happening. I worked almost 25 hours "pro bono" last spring to cover a special olympics event that I was unable to find coverage for. This was well known to my employer and even anounced at a managment meeting. In addition to the four hours actually spent at the job, off the clock, I have a company provided cell phone that I must answer and I spend alot of time emailing while I am not on the clock. I need to know if I have a case for unpaid wages, and I also would like some advice on the type of evidence I need to collect.

  • Mon, Oct 31 2011 10:05 AM In reply to

    • Beth3
    • Top 25 Contributor
    • Joined on Sat, Mar 24 2001
    • Posts 5,466

    Re: Being taken advantage of

    If your employer "suffers" you to work, then the time must be paid.  Yes, you have a claim for your unpaid wages.  Have you kept track of your unpaid work time?  Submit that with your complaint to the State.

    In the meantime, quit working unpaid overtime.  You are largely responsible for the situation you're in and your employer should have put a stop to it long ago; it's very foolish on their part that they didn't.  FYI, you can be terminated for working unauthorized overtime, although if they did so know it would look like retaliation for making a wage and hour claim.  I strongly suggest you stop doing this immediately.

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