You are likely aware that hourly employees are entitled to overtime pay for weeks during which they work more than 40 hours. Unfortunately, some employers seek out ways to get more than 40 hours of work from their employees without paying them overtime. One method employers attempt is miscategorizing an employee as a salary employee even then they should be paid hourly under the provisions of the Fair Labor Standards Act (FLSA).
Another method used by some employers is requiring that hourly employees work more than forty hours in a week but then insist that they do not report any overtime hours, sometimes threatening or engaging in negative employment actions if the hours are accurately reported. This method is part of the allegations made by the former nanny of Sharon Stone.
The nanny in this matter had worked for Stone for more than four years, being promoted to head-nanny, which is a live-in position. The former nanny claims in her lawsuit, that she had needed to work overtime on various vacations and holidays. Because of this accounts for Stone had paid the nanny for the overtime hours worked. But allegedly, when Stone discovered that the nanny had been paid for her overtime she was not pleased.
The nanny says that after Stone learned of her overtime payments Stone insulted her national heritage, religion and accent, eventually terminating her. The nanny has brought claims of retaliation harassment, and wrongful termination.
While the allegations in this case sound particularly blatant, in many cases the denial of overtime payments can be much more subtle. Employers may simply foster an environment in which employees are expected to “stay until the job is done,” or put in an extra 15 or 20 minutes on a regular basis, despite never recording any overtime hours.
Source: Minneapolis Star Tribune, “Former nanny claims actress Sharon Stone denigrated, fired her after discovering overtime pay,” May 23, 2012.