I am a fabricator for a local sign company, approximtely 20 employees, with gross sales of approximately 2M.
I started working here in 2006, under new ownership, was put on salary ($18 hour equivalent)
and have worked 60-80 hours per week since then.
Salary level test and salary basis test is satisfied. However, my job duties are clearly that of a blue-collar production line worker. No managerial duties, administrative, executive, or professional classifications apply.
The ex-owner of the business alerted me to the fact that having done the same thing to me under his ownership, that he was "sweating" having a claim made against him by me.
Not being litigious, as well as being ignorant of FLSA, I did nothing. However, I am considering options now . I would appreciate any and all advice concerning my situation. Thank You
In addition to checking this out with a local attorney who specializes in employment law, you will also want to contact the WA state department of labor and/or the US Department of Labor. The FLSA provides for a 2 year statute of limitations. Translation: either you file your complaint with that period of time ...or you lose the right to do so. For instance, if you were to file your complaint today - September 5, 2008, the DOL can go back 2 years or September 5, 2006 to recover unpaid wages for you. If your employer has been prosecuted previously for the same infraction, the US DOL has the authority to go back a 3rd year. I would urge you to stop "waiting" and to contact the DOL - state and/or federal to discuss this matter at length. Good luck to you and best regards, Rob Fortgang