I have a question regarding recovering unpaid overtime.
I have been an employee of a landscape construction company from Apr. 2003 Until July 2006. For the first year I was paid hourly and in April 2004, was moved to a salary position. I started as a laborer and was quickly promoted to a supervisor position, however, the company was small (15-20 employees) and my job duties really never changed. I still worked in the field everyday and contacted my boss regarding any "major" decisions. After quitting in 2006 due to lack of company organization and stress related to the organization I filed to collect unemployment benefits which I was denied. I then appealed and had a hearing with a judge, myself, and former boss where it was determined not only had my job status not changed, it had actually been lessened in the previous months before my departure. This led me to believe that under the FLSA I was ineligable to be considered as an exempt employee. I know there is a recovery period limited to two years, but I regularly worked 55 hours/week and to even go after what is still left in the timetable would be significant. My question is does this sound like a situation that would be favorable for me to pursue legal action and have a good case to present?
I have been an employee of a landscape construction company from Apr. 2003 Until July 2006. For the first year I was paid hourly and in April 2004, was moved to a salary position. I started as a laborer and was quickly promoted to a supervisor position, however, the company was small (15-20 employees) and my job duties really never changed. I still worked in the field everyday and contacted my boss regarding any "major" decisions. After quitting in 2006 due to lack of company organization and stress related to the organization I filed to collect unemployment benefits which I was denied. I then appealed and had a hearing with a judge, myself, and former boss where it was determined not only had my job status not changed, it had actually been lessened in the previous months before my departure. This led me to believe that under the FLSA I was ineligable to be considered as an exempt employee. I know there is a recovery period limited to two years, but I regularly worked 55 hours/week and to even go after what is still left in the timetable would be significant. My question is does this sound like a situation that would be favorable for me to pursue legal action and have a good case to present?
