What can I do if my job told me I would get paid for a mandatory conference call but they aren’t paying me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if my job told me I would get paid for a mandatory conference call but they aren’t paying me?

It is mandatory to be on this call, however they aren’t paying me. And it’s been 2 weeks. I have records showing they would say they would pay, records showing my hours worked, and records of my pay.

Asked on August 12, 2015 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were an exempt (from overtime) salaried employee, then they do not need to pay you: salaried exempt employees can be made to work any number of hours (including on conference calls) without any additional compensation beyond their weekly salary. Even if they said they would pay you, they don't have to, since there was no "consideration" to turn their promise into a contract: that is, you had to be on the call anyway (your employer can order to be on a call), so you gave them nothing in exchange for their promise.

If you were salaried but not exempt from overtime (to see the test for who is exempt, go to the U.S. Department of Labor, or DOL, website; there are 4 or 5 categories of exemption, and you must fall  under at least one in addition to being paid on a salary, not hourly wage, basis), then IF the time spent on the call meant you worked more than 40 hours that week, they should pay you overtime (or an amount equal to 50% of your effective hourly  base rate) for overtime hours. But if you worked 40 or less hours, they owe you nothing beyond your salary.

If you were paid on an hourly basis, you must be paid for the time spent on the conference call, which is work; and be paid overtime if you worked more than 40 hours that week. That is the law, so it doesn't even matter whether they promised to or not.

However, if your employer owes you money but will not pay you voluntarily, the only way to get compensation would be to sue them. Since suing your employer has obvious costs, both monetary and otherwise, it may not be worthwhile to do this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption