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Nonexempt janitors worked 80-hour weeks, did not get full overtime

One very common dispute that employees have with their employers has to do with wages. The dispute is not necessarily the wage itself (though a raise would be nice); but the way in which it is administered. If an employee is told that they have to work overtime, and they do it, then they should expect their next paycheck to reflect that overtime. However, some employers try to skimp out of that overtime pay by classifying employees in a certain way, or outright neglecting to apply an overtime rate to an employee that worked overtime.

Nonexempt employees have a right to overtime pay when they work more than their usual 40-hour week. The sad thing is that since many nonexempt employees work in lower income jobs, their employers may try to take advantage of them and pay them less than their overtime should be. One case outside of Texas articulates how important it is to know the ins and outs of how your paycheck works, and what you can do to hold your employer responsible if they try to illegally hold back overtime pay.

Janitors for Target recently won a lawsuit against their employer, a third party called Diversified Maintenance Systems, for failing to pay them overtime. Target was not listed in the lawsuit, but the janitors did work at Target locations and worked over 80 hours in some weeks (by mandate) yet were not compensated for such work. DMS settled the lawsuit and paid nearly $700,000 in restitution to the janitors who made the claim.

Source: MPR, "Target store janitors reach wage settlement," Sasha Aslanian, Feb. 15, 2013

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