Overtime pay for exempt employee

N

Nathan

Guest
Jurisdiction
Michigan
Hi. My name is Nathan. I need some advices for my case.
I've been working at an asian company for about an year. Technically, I don't get overtime pay since I am an exempt and salary employee. But, I was wondering if there is any way I can get overtime pay or any compensation.
I have never got off earlier than 18:00 (I starts work at 8:30). Most of days, I get off after 20:00 sometimes after 00:00. I have no life, my health is getting worse. I've been working 60~70 hours a week without any overtime pay or compensation.
The problem is not only the overtime work, but also a discrimination. This happens to only those employees who has the same nationality as the boss and company. The colleagues in my department are americans and they get off on time like 17:30 Only two employees who share the same language and culture (I would rather not specify the nationality) have been suffering in this situation.(I am a US citizen by the way)
Since the day I got off at 5:30 in the morning and had to come back to work on time the next day,
, I started to keep track my off time just in case. The boss kept saying about the company policy for exempt employees. But the question is if there are that many works to do, why should only two people do all of it? Why the others in the same position get the same or more salary and work less?
Is there any way to get me get out this situation and work the same as the others?
Please advice me..
 
If you are truly exempt, then there is no requirement to pay you anything extra no matter how many hours you work.

It isn't clear why others are not being asked to work the same hours. Are you all exempt and performing the exact same job? Same skills, ability to work the OT, and experience?
 
What are your job duties? If your job duties fall under one of the FLSA's exemptions, then yes, your boss can require you to work whatever hours they need. You can track your time, but if you fall under an exemption, then there is nothing you can do for overtime, etc.

As to only two of the same nationality working the most, are others doing the same job duties outside of the two of you? Not just the same position.... Do you know specific job skills/knowledge that they don't? Do you have training that they do not? Have they been with the company longer? Is there any other explanation as to why you two are working more hours than others? Sounds like the boss/employer requires more out of their own nationality than others.

Discrimination is legal as long as it doesn't fall under a protected characteristic. But depending on more details, it could be that they are discriminating due to your nationality/race (even if it matches theirs) unless there is some other reason the two of you have to stay when others leave.
 
Thanks for all of replies.
I can't get rid of the thought that It is a discrimination. Because It is sort of cultural things to work like this. Most people work ridiculous hours without extra pay in the boss's country and the boss was sent to this location to work several years from the headquarter. And I am assuming the reason why only two of us have to do all of the duties is because he thinks we understand that stupid culture and are unlikely to sue.
We are all in sales department. If it has been happening to just myself, I would say it's because I'm unskilled yet. But, since the other person in this situation is more experienced than the others out of this, and still suffering, I don't think it's due to the abilities.

What would be the protected characteristics of discrimination? If there is no way to get overtime pay, is it possible to work equally at least?
 
Have you spoken to your boss about your hours? What did he say?

If you are truly exempt then no, you can not get paid for working extra. I had a job much like that where I was working absurd hours and on call 24/7. I burnt out after 5 years and looked for a job elsewhere.
 
I would start by asking your boss why the difference in hours & then go from there.
 
I have spoken to boss already.. He kept saying sorry and it'll be better but nothing has really changed.
Ok. Getting overtime pay is not possible at this situation...
Last question, couldn't it really be a reverse discrimination case?
 
couldn't it really be a reverse discrimination case?

Its a discrimination case, or it isn't.
Talk to a local lawyer, see what information you can learn.


Beware, if Mr. Big Boss gets wind of what you're up to, your employment could sour like milk on the counter on a hot summer afternoon.


Reverse discrimination is another urban legend, much like Big foot, Loch Ness Monster, or Chupacabra.

chupa.jpeg
 
If the reason you are being treated differently is because of your race, that is illegal. If it is that you are willing or able to work those kinds of hours or are the newest/most experienced, or you have certain skills which are needed, or any other reason not specifically prohibited by law, it is legal. Just the fact that you are the same race tells us nothing useful.
 
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