Comments on: DOL hires 250 cops to hunt labor violations

By: Penalty for not paying proper wages? $2 million | HR Morning | Your daily dose of HR

Fri, 22 Jan 2010 19:54:33 +0000

[...] we reported that the U.S. Department of Labor (DOL) was hiring 250 investigators to seek out wage-and-hour [...]

By: Larry Bradley

Larry Bradley — Fri, 09 Oct 2009 20:42:17 +0000

What percentage of those interviewed were illegal aliens?

By: Harold

Harold — Wed, 07 Oct 2009 17:17:59 +0000

Deborah,

Dan is right – it is a real stretch to put any customer service manager as exempt. Even customer service supervisor positions can be a stretch.

Suggestion – if you quit your job, and have no place to go you may not qualify for unemployment. If you file your problem with your supervisor and HR (in writing) and then they fire you, you have some way to defend yourself in the UI hearing and also with the DOL/W&H if you file a claim of termination due to making your request.

If you file with the state, I would recommend you copy to the nearest Federal DOL office also. Even though they will defer to the State, if you do not get any response from the state after a few weeks, send another letter to both. In Kentucky, the state is actually very responsive in my experience to employee complaints.

After 30 years in HR, it is amazing what some companies will still try to do – they put those of us who try to do it right in a big hurt. Best of luck.

By: Dan

Dan — Wed, 07 Oct 2009 14:39:05 +0000

to Deborah,
customer services reps is a position title that has a fine line as to if it is exempt or non-exempt. However most cases that I read about on the internet, my guess would be that most customer service jobs are non-exempt. the easiest solution is to contact your local Dept of labor. How ever do not that expect them to act on your complaint. I recently read another article that suggest that the DOL is lacking in their follow up of complaints. Outside of that keep a record of the time you actually work for each day/week. this will help in the future of any investigation by the DOL. You can file a wage claim for the unpaid hours, but I would wait until after you leave. even though protected by law, they will find a reason to help you out the door. Is what is nice with a wage claim is once you make it, it is the employer responsiblity to proof that you did not work the hours or are not owed the amounts. With a title of customer service, they will have a hard time proofing that. Remember depending on the state you live in you could get up to 3 times the amount you owe. Most states are double but I know some are 3 times. another course of action is to contact an employment lawyer and file a law suit and threaten a class action suit. Many times a company will pay the employee instead of going to court as defending themselves is expensive and potential loss of a class action could be even more expensive. Also remember comp time is illegal except in public (govt) jobs.

By: deborah huchinson

deborah huchinson — Wed, 07 Oct 2009 01:18:12 +0000

The company I currently work for in the state of GA, asked that employees in Customer Service to work until the job is done once a month, which could inclulde 1 – 6 hours or more for some. We are salaried representatives who actually worked the extended hours last weekand waited to be told how we would be compensated. To date no answer. Human Resource was asked and stated ” exempt employees do not get overtime”. For the last 5 years a manager of customer service gave comp time but his supervisors mis-managaged the allocation of comp and people complained. Some knew others did not work for as much comp time given, viewed as possible discrimination. Now you are asked to work the extended hours with no question! In America who can afford to work for nothing when asked to once a month. Using sick time or exucse w/ pay has not been offered as a compensation. What rights do EXEMPT (SALARIED) customer service reps have? It Behooves me how they managed to get us exempt anyway. The PROFESSIONAL category under EXEMPT is so vagued I guess that is where we fall under. Regardless, we need to know if the federal law states we should be compesated. Help!

By: Harold

Harold — Mon, 05 Oct 2009 17:04:02 +0000

All these posts give a lot of information that proves to HR and other management types everyone should restudy the laws and regulations – both federal and your state.

I have had children in years past that worked at car washes and restaurants that were cheated out of OT and their share of tips. Most of these places use intimidation to keep their staff in line.

I am glad my company chooses to insist we do it right!

Good luck to each of you!

By: Dan

Dan — Mon, 05 Oct 2009 16:56:38 +0000

If you go to the Dept of labor web site and click on complaince assitance and there is a link ofr job opportunities. I looked a couple of weeks ago and there were several posting. however all were listed as temp jobs and spanish was required. If I knew spanish I would apply. I would love making sure companies were compliant, it could be fun.

By: Angel

Angel — Sun, 27 Sep 2009 17:24:26 +0000

In response to grogan – great job! Employees are our greatest asset.

By: Angel

Angel — Sun, 27 Sep 2009 17:20:17 +0000

I also have worked in the HR/Payroll field for many years. The problem I have encountered is where employees don’t want to take their breaks and I must constantly call to make sure that they do infact take their break. Most would rather work straight thru and work and violate the 1 day rest in seven law, which I don’t allow to happen. I wish employees would understand that these laws are their to help them. They need that break and one day off, or they will not be much help for me as they would burn themselves out. Please remember that their are employers out there that work for the rights of their employees.

By: Sandy

Sandy — Thu, 24 Sep 2009 13:19:12 +0000

Rachel, you CAN allow exempt employees to substitute sick or vacation hours for time not worked if you have a bonafide leave program. You don’t HAVE to give “free hours of pay” to exempt employees who do not work them if they have leave time available or if your policies allow for the exempt employee to go into a negative balance situation for the leave. You just can’t “not pay” the exempt employee for the time.