The company that I have worked for the last two years as as a salaried employee (financial analyst making 80-90k base+20-25% bonus) has informed me that my status is going to be changed to an hourly, non-exempt employee, eligible for OT pay. Additionally, I am eligible to receive payment for OT worked over the last 2 years. I frequently work 55-60+ hours a week and can’t understand why they would retroactively offer me a payout, possibly in excess of $100k. What are the implications here? Cont.

likesmart
Posting as :
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It is going to be very difficult for them to fight you on this. They are doing this because you are likely misclassified and in many states it could be easy for you to bring an administrative claim, without an attorney, and win overtime, penalties, etc., especially in blue states, so they are getting ahead of it.

Be reasonable but don’t sweat it if you don’t have a late email everyday. Some emails would be helpful, and if you can show enough of a trend, that would be powerful. If you don’t have emails, still push for the time you think you are owed. Don’t be afraid, get paid.

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I saw someone win a case even after he entered his own time, without overtime, when he later brought a claim, because he insisted he really worked 60 hour weeks, with almost no evidence whatsoever, and the company “made him” type in 40 hours per week anyway 🤣 he also missed the hearing by going to wrong admin building, phoned in for the call, and the commissioner didn’t like him, but still made our side compromise with him and he got fairly good makeup pay and some penalties. Granted, this is CA.

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HR has asked me to go back over the last two years of my employment to track, on a day-to-day basis, an estimate of OT worked. Any advice on the best way to review the activity on my computer over the last two years to have some kind of basis for the OT I submit? HR recommended that I review emails I’ve sent but I usually won’t send emails too late at night so don’t feel that’s a good basis to go off of.

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They are offering you a payout because that’s cheaper than the damages from the lawsuit you could file because they misclassified you as an employee.

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Speak to an employment law plaintiff’s attorney asap.

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Sounds like you don't have timesheets. Usually, I would envy you.

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