Overtime for exempt and repayment of overpayment

I worked for a company as an exempt employee. My title was Technology Architect. I worked a lot of overtime - which did not bother me all that much at the time. From the week of April 2 (1999) to the week of November 28 (1999), I worked a total of 453.5 hours of overtime of a normal 40 hour work week - or 204.5 if the normal week was 50 hours. I actually continued work until May 2000 but do not have my time sheets after November.

Consequently, the company direct deposited paychecks for June and July 2000, which they are wanting back. The June 2000 amount should have been for my remaining 3 weeks of vacation along with floating holidays, management days, etc. They are claiming that the proper paperwork was not filed on my behalf to entitle me to receive any of those days and will not complete the required paperwork for me. This whole thing irks me since I worked so long and hard for the company and this is how they repay me.

Do I have to pay them back for the monies they mistakenly deposited? If so, how do I go about getting my vacation, etc. paid for? Do I have rights to any overtime pay?

1 answer  |  asked Aug 9, 2003 10:02 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You probably owe a month of pay.

If the company overpaid you, you cannot keep the money unless you have a separate basis for doing so. The vacation is one such basis. The overtime is another. However, the overtime claim is probably barred by the statute of limitations, which allows overtime claims for only up to three years.

Since possession is 9/10 of the law and you possess the cash, the company has to take you to court to get it back. Once there, you can explain the overtime and vacation pay issues to the judge and ask to keep it all. The judge will probably give you credit for the vacation pay.

Short of going to court, consider offering to pay back some amount. Haggle over it. Argue the OT and the vacation pay. If the company understands that it will have to pay to go to court and appear meanspirited in the process, it should be willing to cut you a break on your vacation in order to get back the balance.



posted by Neil Klingshirn  |  Aug 11, 2003 10:02 AM [EST]

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