QUESTION
Is my company required to pay me overtime in Virginia?
Asked on Jul 31st, 2014 on Labor and Employment - Virginia
More details to this question:
I work for a new company (C1) that has 4 people. Currently, I am on contract with a recruiting company (C2). So I am technically employed by C2, but all my work is for C1 in their office. I am an hourly employee and my boss consistently keeps me late at work. Weeks are usually about 45 hours. He tells me to only fill out 40 hour timesheets and I only get paid for 40 hours. Is this illegal?
1 ANSWER
Generally, this is unalwful. If you are paid by the hour, you are entitled to be paid for every hour you work and time and a half for every hour over 40 in a given workweek. Your boss cannot tell you to put 40 hours on your timesheet when you actually worked more than that.
The Fair Labor Standards Act is the law that governs this area. You may be able to recover your unpaid wages and the same amount in liquidated damages. You should keep your own records of the hours that you have worked.
In a situation like this, C1 and C2 may be “joint employers” under the FLSA, so you may be able to recover from C1 even though C2 is the entity on your paystubs.
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Answered on Aug 05th, 2014 at 12:24 PM