Am I entitled to OT pay after 40 hrs?

caliotter3 · Feb 2, 2008

Visit the Labor Board people and ask them what the laws for overtime are in your state. In my state you are owed overtime if you work more than 8 hours in one day or more than 40 hours in one week. However, my present employer refuses to pay overtime (against the law), stating that they are paid a set rate by the state or insurance companies for each case and that is how they base their excuse for not paying OT. One of these days, a disgruntled employee will turn them in or start a class action lawsuit

caliotter3 · Feb 2, 2008

Looked closer at your info and saw that you're from Cali. Yes, you are owed OT. Get thee to the Labor Board and file a complaint for owed wages or just stand back and keep quiet like I do. One of the major hh companies in the LA area has a class action going at the present time over overtime and other issues. An invitation to join the suit can be found on the website of the law firm handling the case. Good luck on making your decision.

Home Health Columnist / Guide · Feb 2, 2008

how were you hired?

non exempt: paid hourly rate all work performed; overtime in excess of 40 hours/week

exempt: paid salary for position, flat rate whether work 30 or 55 hrs /wk to get job done.

what's the difference between exempt and nonexempt workers? from ...

if non exempt ---most lpn positions, then they owe you overtime. please address this with payroll and your manager.

annaedRN, RN · Feb 2, 2008

I did a private duty case awhile back and was hired for 10 hr shifts. I did not get OT after the 8 hr mark daily, but I did get shift differential before 7A and after 3P. And, yes, I got OT after 40 hrs...it was all OT on Fri for me!

justme1972 · Feb 2, 2008

Overtime laws only apply to regular, full-time W-2'd employees, not contract or self-employed workers.

If you are getting paid by 1099, then that means you are a contract worker.

It's along the same lines as them not paying into social security, etc for you, when they would have to do it for a W-2 employee, but they don't have to do it for you b/c you are getting paid on a 1099 because you are supposed to file for quarterly taxes.

The "exempt" vs "non-exempt" rule would not apply b/c again, that is for W-2 employees.

It is possible that your employer is paying you by 1099 to AVOID paying overtime, which is legal.

Ks mommy nurse · Feb 3, 2008

Thank you all for your responses, they are all helpful. I spoke to my agency Friday afternoon and they asked if I can work now from 7am-10pm. 15hrs, now I told her I needed some kind of incentive or a bonus to do so. All she could offer was $2 more per hr. Gave me the excuse that its a new case and that the insurance hasn't kicked in yet, and that medi-cal only pays $29. Well I said yes anyways, but I'm thinking twice about staying being "exempt". But I just remembered last year I went non-exempt for 3 months and still worked minimum of 50 hrs a week and didn't think about not getting paid OT! Went back again, bc too much taxex were taken out and I couldn't keep up with my bills.

I was surprised over a year ago I got a call from an old agency that I stopped working for, that I had a check there from an audit. Months later got another check too. That was nice.. well thanks all for reading and responding.

caliotter3 · Feb 3, 2008

I know about that surprise check in the mail weird feeling too. I've received two mystery checks. I never did get a chance to call and find out what was going on, but had no problem spending the money.