have i been cheated on my hours?

Question

i live in indiana and i work as a traveling  superintendant for commercial construction. traveling all over the usa i am paid hourly.$21.50 plus perdium  $25 for every day worked they foot the hotel bill. i use my tools, there van and they supply gas i usually work 60 hrs+ a week they say they dont have to pay overtime besause i we are in the interstate commerse act category iv read on it a little bit but i think its more for truck drivers i worked all last year and mad 47 thousand was gon and in a hotel 315 days i recieved no overtime should i be entitled to ot or should i be happy with what i am getting??

michr · Accepted Answer

if you use tools you are considered a "blue-collar" worker and as such you are NOT exempt from overtime. just having the title of superintendent does not make you exempt.
see:
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17p_construction.pdf
they are to pay you overtime, it does not matter how you are paid salary, hourly, commission or piece rate all that matters is the exempt status of the job as determined by the duties of it.


to determine what hours are considered work hours see:
http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
to see the definition of overtime see:
http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf
to see what is meant by exempt status see:
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf


it is easy to say yes you should be happy to have a job but the fact is they owe you for the overtime. contact the department of labor in Indiana for assistance and clarification of your concerns. after you contact the state and are clear on where you stand you need to decide how to proceed. 
Indiana DOL:
http://www.in.gov/dol/2368.htm

Gem · Answer

If you are classified as an hourly employee, they have to pay you overtime.

Because you are self-directed and your job probably entails your supervising or directing the work of others, you more than likely should be classified as salaried (which means no overtime).

Call your state department of labor and ask them, or go to the federal department of labor and do some research.  (http://www.dol.gov)

Good luck

Anonymous · Answer

At this point in US history, with unemployment reaching 10% in CA and soon to be in other states, you are very lucky to have a job that you can perform.  Keep it as long as you can stand it because there's nothing else out there available.  And, you can't get unemployment insurance if you quit or if you get fired.

professorcactus · Answer

get a lawyer and show him all the receipts.... you should consult with a lawyer before...


he may ask you to ask your employer in writing for the overtime...they may fire you and then you have  a case... it's a tough one man... but consult with at least 2 lawyers... does it show the amount of hours in your paycheck...?   or does it only show 40 per week. if so, that's ilegal.. get your employer back for being  a blood sucker.. odds are ALL the employees you work with will get paid for everything.... they are owed... and if you are fired afterwards... you can sue them for retaliation as well.................... please let me know how it goes,,,, thanks..

Monzijonozli · Answer

Yes!!

Anonymous · Answer

yes................my dear
but..........not right

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have i been cheated on my hours?

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