Legal Question in Employment Law in Louisiana

I'm required to work overtime because I'm female with no time and a half

I'm a 45 year old female. I worked overtime for six years without getting paid time and a half, just hour for hour swap for time off. In the last 2 years I have taken time off to care for my elderly mother not getting paid for my off hours (no cost to the company). They threatened to terminate me after 13 years employment saying ''Make up your mind, take care of your mother or lose this job'' so I have been putting in 50 hour weeks. Now I have been asked to work overtime to get a rush job out yet my male co-workers are going on an all expense paid fishing trip ''paid by the company'' (we are all draftsmen working on the same job). I was never offered a fishing trip (valued at $500 each), nor have I ever been offered yearly trips to the ''Ducks Unlimited'' banquet that the male members are given each year. I'm not allowed to leave to ''run errands'' during work hours yet all the males do it daily. I'm looking for other employment but have been a model employee of this firm for 15 years. The firm has from 18 to 39 people working at any given time. Do I have a descrmination or ''family leave'' act case or do I just have sour grapes.


Asked on 7/08/04, 1:55 pm

1 Answer from Attorneys

Larry Demmons The Demmons Law Firm

Re: I'm required to work overtime because I'm female with no time and a half

Your message raises several issues. First, the overtime issue. Depending on your job and your duties, you may or may not be entitled to overtime. I would have to know a lot more about what you do in order to give you a better idea about that. Basically, the FLSA provides that any hours worked over 40 must be paid at time and a half, unless you are exempt. The question of whether you are exempt is where the specific facts of your job and what you do comes in. Second, you raise the possibility of a FMLA claim. From your listing of the number of employees you have, it sounds like you are familiar with the requirements of the FMLA, i.e., that the employer have at least 50 employees. There are numerous ways to count employees, however, so it may be that you might qualify. If your mother has a serious health condition, and your employer has 50 employees (and you've worked there for at least a year, which you have), then you would be entitled to 12 weeks of unpaid leave (per year) to care for your mother. Your employer also couldn't retaliate against you for requesting or taking the leave. The last issue you raise is one of sex discrimination. If you are treated differently by your employer simply because you are a woman, then that is illegal sex discrimination. There are numerous other factors that I would need to know before being able to tell you with any certainty that you do or don't have a claim, but from what you've said, it sounds like you might. My advice would be to contact an attorney that specializes in employment law and see what options you have available. Good luck.

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Answered on 7/08/04, 2:14 pm


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