Looking for a Labor Lawyer...

So a friend of mine gets fired yesterday. With a baby due tomorrow and Christmas this weekend. He worked for a chicken shit operation, in my eyes. About 1.5 years ago they put everyone on "salary" and payed them the equivalent of 45 hour work week. They were working 60 hours+ or there abouts ever since. I know Colorado is a "right to work" state, but damn, this isn't right. There is a whole list of issues with these guys and nepitism runs rampant.

I know my buddies work ethic in incredible. (maybe beter than mine)

If anyone knows of a good labor lawyer, please PM me. If anyone knows of a reputable company in the air handlers or air balancing industry, please let me know as well.

Sorry for your friend, but depending on the circumstances, that is gonna be a tough fight possibly. That's how salary works, and the fact that he got payed for about 45 hours is pretty good. There is a non-exempt salary status that some companies do, where you get a percentage of your normal wage as overtime, but that's not as common. So really, I guess it would depend on why he was fired.

I may know someone, and I'll check with her and if she's practicing right now, i'll post back

thanks g-dub!

there are a few rules about exempt employees that if an employer breaks them, it will make the case for the employee...

my father got a settlement from the Alyeska pipeline after they did, and they owed him back OT for years... so it happens.

Just because you make an employee salary doesn't mean you don't still have to pay them overtime. There are only 5 groups of people that are exempt from overtime pay:

• Executives (Decision makers for the company)
• Professionals (Doctors, Lawyers, Etc)
• Administrators (middle level managers)
• Outside Sales
• Certain Agricultural jobs

And just giving someone a fancy title doesn't cut it either, its based on the actual work you do (so you can't title a janitor "Vice President of Sanitation" and think you're getting away with it).

Your friend should contact the local Department of Labor ... no need for a lawyer at this point (unless you're trying for the "wrongful termination" route ... which is difficult).

I have worked for two separate companies that were audited by the Department of Labor and each time I got a nice settlement check from the company once it was determined that I was not exempt from the requirement of overtime pay.

I'm no attorney, but I'm an exempt employee, and exempt means "exempt from labor laws"...

I know in my case it means, I don't get a 20 minute break for every 4 hours of work, I don't get an hour lunch for every 8 hours of work. Also for me, I'm "task" based. Theoretically, I don't get paid by the hour but by the task. Again, in theory if I task takes me 5 hours or 8 hours I get paid the same... Again in theory...

Colorado is a "right to work" state. As I was told by my current employer, that means in theory they can let you go at any time without cause just like you could leave without notice...

Given that, I think you'd have to prove that the firing violated some local for federal law...

I don't think the OP's friend is going to get anywhere on the firing ... he's fired and that's that ... however he could get back payed for the unpaid OT.

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Originally Posted by Zundfolge

I don't think the OP's friend is going to get anywhere on the firing ... he's fired and that's that ... however he could get back payed for the unpaid OT.

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Zundfolge, you are right, being a right to work state, not likely to get anywhere. The company made all of the working employees salary, and it was only for 40 hours, not the 45 I had thought. I forget the title they had. I will have him contact the labor department. He has all of his time cards for the last 3 years.

I really appreciate all of the comments guys. This was a sucky deal, for sure, with his wife having a baby tomorrow and Christmas on Saturday. I was going to pick him up from dropping off his company vehicle, but they called just before we left and they are going to have someone (a trusted friend of his) pick it with his tools.

In my experience skip the state labor department. They do nothing but send letters telling employer to comply. Go straight to the federal department of labor. They have investigators who can go out and make employers open their books and do an audit. Takes some time, but if he is deserved money they can get it. I have been down this road and it sucks.

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Originally Posted by two shoes

I will have him contact the labor department. He has all of his time cards for the last 3 years.

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This is a giant red flag- can't require that exempt employees clock in/out... we have a timesheet reporting system online at my work, but it allowed me to put in less than 40hrs- with no effect on my paycheck... back when I was exempt.

Then they decided to convert us to hourly, since AT&T was getting ther A$$ sued off for similar positions where they broke the labor laws for exempt employees. Been hourly since- but OT is not authorized. They use different online timesheet systems for hourly vs exempt.

Another red flag is requiring a specific start/stop time...

Those are the 2 that nailed Alyeska pipeline, IIRC... and as a bonus, the timesheets they made my father fill out were a perfect record to figure out how much back OT they owed... [Coffee]

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Originally Posted by 68Charger

This is a giant red flag- ...
Those are the 2 that nailed Alyeska pipeline, IIRC... and as a bonus, the timesheets they made my father fill out were a perfect record to figure out how much back OT they owed... [Coffee]

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WOW, I am glad that he had every one since he went "exempt". Thanks again for the input.

Complain to the United States Department of Labor. I got a letter from them and a nice check from the company that cheated me. It was in 1986.


http://www.dol.gov/

A company cannot just compel everyone to be an exempt employee.
There are definitions in the Wage and Hours act that designate what an exempt employee can and cannot be. If your friend's job duties and responsibilities do not match, he is really non exempt and entitled to overtime. I would really question the legality of all employees being exempt.

In Colorado an employee can be terminated for any reason at any time except if it is for discrimination as defined in Federal law, age over 40, sex, religion, national origin. The employee is entitled to unemployment compensation. If discrimination, the employee would be entitled to damages and/or getting the equivalent job back

Now retired, I was a Chief Financial Officer with personnel reporting to me.

Take a look in the phone book for attorneys in your area specializing in this type of work.