H1B and overtime

helpme1610

New Member
Dear friends
I worked on H1 and i was working overtime at client site but never paid more than 40 hours even though my client approved my 40+ hours timesheets.

Now after 3 years working at the same client, i found that my H1 employer was paying overtime to my other green card holder/citizen colleagues even though we wer all on same project,same position and identical timesheet.
These colleague were on W2 with my employer.

Also when contacted my employer, my employer says i am exempt employee and i will not be paid overtime.
Any sugestion if this emplyer can be challenged as he discriminated against me and got all the overtime money from client but never paid me.
Help me please!
 

dorigirl9

New Member
If you are exempt, then you would not be eligible for overtime. You can check the FLSA guidelines to see if your position qualifies as without more information about what you do, I can't tell you whether you're misclassified or not.

If you are in doubt, you really should seek an employment law attorney.
 

helpme1610

New Member
what about discrimination

Dorigirl9,Thanks for Reply.
I am excempt as per FLSA.

But is not not a discrimination and exploitation when a H1 worker is not paid for the hours when a non-H1 colleague working on same project,same position,same hours is paid for full 40+ timesheet hours.
Can i file a discrimination charge. Any idea what is the procedure.
 

Jackolantern

Registered Users (C)
They are not supposed to be paying you less than citizens/GC holders in the same position in the same company, unless there is some valid reason (e.g. they have more experience, more education, more years in the company, or some other valid criteria).

You will need a lawyer to challenge them, if you expect to get back pay for the overtime.
 

letsien

Registered Users (C)
If you are an exempt employee u are usually on a fixed monthly salary unless you contract also states that you job criteria qualifies for overtime pay. The other employees may be non exempt and may be on Hourly pay therefore they automatically qualify for Overtime pay.

If you need more clarification contact your HR rep.
 

Jackolantern

Registered Users (C)
If you are an exempt employee u are usually on a fixed monthly salary unless you contract also states that you job criteria qualifies for overtime pay. The other employees may be non exempt and may be on Hourly pay therefore they automatically qualify for Overtime pay.

If you need more clarification contact your HR rep.
A company simply deciding to classify an employee as "exempt" does not make it so. Many companies have been forced to give back pay (with interest) to employees who were classified as exempt but treated as nonexempt. How other similarly situated employees were treated will have a bearing on what a court would decide.
 

freaks

New Member
However,

if you challenge and the court decides you are misclassified, you would also lose your H1 since your H1 was granted based on it...
 
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