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Labor Law question

Discussion in 'Members' Lounge' started by George777, Sep 26, 2007.

  1. George777

    George777 ^^ Likes Bewbies

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    I was doing some research for a friend and I find some of the labor laws quite confusing...

    From what I can gather, Nevada requires that all non-exempt employees get paid overtime after 40 hours, and effective September 1st, any non-exempt employee making less than $9.50 per hour receive overtime after 8 hours a day...However, I don't know if the job that my friend has is considered non-exempt or not. She works in one of those Payday Loan places. It doesn't say anything in any of the descriptions about that kind of work as being exempt.

    She has been working there for about 4 months now and she didn't sign any papers stating no overtime or days of rest restrictions. She has been forced to work 6 days a week for the last 5 weeks, and she works 8:30am to about 7:00pm. She is the only one in the office, and she does not get to leave for lunch since there is nobody to cover. She puts in, on average, about 60 hours a week, and she is only compensated straight time...

    Anyone that could shed some light or head me in the right direction, it would be appreciated.

    Thanks.
     
  2. Drake

    Drake Well-Known Member VIP

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    I think to be exempt you must be salary or management. I don't know that much about labor laws and they vary state by state. I would have her get a hold of the labor department or something like that. Im not even sure if that is a real place...

    Is she sure she didnt miss the fine print? Or missed that she signed a contract?
     
  3. invisibledemon

    invisibledemon Bored Moderator VIP

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    im pretty sure that unless she is salary or signed a contract stating no overtime pay, then she is supposed to get overtime pay.
    im not sure whos jurisdiction this would fall under but if you called the department of human services they can direct you to the correct person.


    haha, sue them and make her money. you can sue for wages, emotional stress (having to work all day everyday with no lunch break), physical stress, just to name a few. lol.
     
  4. George777

    George777 ^^ Likes Bewbies

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    She is going to bring a copy of her file to me on Friday. Her boss was dumb enough to leave it unlocked in the desk, so she took the liberty of copying all the files and things that she signed. I will take a look at them when she swings by then, but she stated that she doesn't recall signing anything about that...but then again, she is young and wouldn't know to ask questions. If her boss just told her the gist of what was on the papers and she didn't bother reading it for herself, it's very possible she signed something and didn't realize it...

    But even if that was the case, wouldn't federal law take precedent over state laws?
     
  5. pissedoffsol

    pissedoffsol RETIRED

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    if shes hourly, she might have a case.
    if shes salary, shes wasting your time
     
  6. George777

    George777 ^^ Likes Bewbies

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    She's hourly...$9.00 an hour. Falls under the Nevada state law that just initiated on September 1st stating all non-exempt employees making under $9.50 an hour make overtime after 8 hours...
     
  7. pissedoffsol

    pissedoffsol RETIRED

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    frankly, i think she should look for a better job....
     
  8. jamesA

    jamesA Well known pissed off telephone guy VIP

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    Before you start making cases and calls to lawyers, call up the Nevada Attorney General and get some advice and law interpretations from them.
     
  9. George777

    George777 ^^ Likes Bewbies

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    She is currently looking for another job...

    It's not my intentions to take this beyond informing her of what she is entitled to. But you figure for the last 5 weeks of approximately 20 hours of overtime that she missed out on, that works out to about $455 worth of time she was not compensated for...

    I have no personal gains in any of this. I just want to help her out. What she choses to do after that is totally her choice--she just doesn't know where to start or how to do it...
     
  10. reckedracing

    reckedracing TTIWWOP VIP

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    tell her to call the labor board for nevada to get a straight fast answer
    if she should be getting overtime they are definately going to be very very interested in hearing from her...

    Remember The State Laws When Considering Overtime Exemptions
     
  11. reckedracing

    reckedracing TTIWWOP VIP

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    keep this in mind when reading the lower information...
    Nevada Labor Commissioner's Office-Frequently Asked Questions

    Nevada Revised Statutes: Chapter 608
     
  12. George777

    George777 ^^ Likes Bewbies

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    That is the site that I went to for some of the information, and it was some of the wording that confused me...

    I will have her call and let them head her in the right direction...
     
  13. boostedf22

    boostedf22 dis is why im not

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    Man, I have worked many hours overtime, not once have I gotten paid time and a half. If she wants time and a half paid , then get a job that offers it.

    Most small businesses dont offer time and a half. Dont have to pay it either. When I was running my own Roofing business. I never paid it. The main reason I didnt offer it was due to the money I had to match in taxes.

    Just find her a job that offers time and a half, benefits, and some 401k shit. Plus more money per hour def couldnt hurt.....
     
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