I worked off the books about 30hrs a week past 40 hrs for 2 yrs by my choice. Am I still entitled to the 57,000 i am owed?

Get Legal Help Today

 Secured with SHA-256 Encryption

I worked off the books about 30hrs a week past 40 hrs for 2 yrs by my choice. Am I still entitled to the 57,000 i am owed?

I worked 2.5yrs no write
ups nor disciplinary
problems and was fired by
text while on vacation. I
want payback to be honest,
I worked at least 30 hrs a
week over my 40 for free
due to work demands which
comes to about 57,000. I
was Dts lead at big lots
which is management.
Managers above me would
call me when store manager
was gone so I could come
back and work behind his
back so I could get caught
up. Even though it was my
choice, am I owed the 2 yrs
overtime backpay?

Asked on July 27, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were overtime eligible, which means that--
1) You were hourly, since all hourly employees are overtime eligible; or
2) You were salaried, but at a salary of less than $455/week; or
3) You were salaried at more than $455/week, but your job duties and authority did not meet one or more of the "exemptions" (like the "administrative employee" exemption, "professional" exemption, "executive" exemption, etc.) found on the U.S. Department of Labor website
--then you were owed overtime for all hours worked past 40 in a week. You can sue for back overtime, for up to the last two (2) years. Of course, you will have to prove by a "preponderance of the evidence" (that it is "more likely than not") that you worked those hours to win the case. for the amount of money potentially at stake, it is well worth your while to speak to an employment law attorney. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption