Ex-H1B employee is asking for overtime pay after 8 months

[Reporter]

Hello !

An ex-employee who was on H1B after 8 months of resignation and joining full time at the end client place is asking for over time pay, what to do in this case.

Thanks

[gopalakrishnach]

If he deserves overtime pay and you did not pay them ethically you need to pay. I am feeling from their point of view. I feel they are asking what they deserve not more. I am sure they will eventually approach/approached DOL and take legal action if they deserve the money. Better work with labor/immigration attorney

[JoeF]

You need to discuss that with a labor lawyer.

If employees get paid hourly they usually are eligible for overtime pay. The rules are different for each state.

[User099]

Did you pay him as per the LCA/Employment offer that was given to him? If yes, then you are good. 

[JoeF]

9 hours ago, User099 said:

Did you pay him as per the LCA/Employment offer that was given to him? If yes, then you are good. 

As I said, it depends. Labor laws (different in each state) may require employers to pay for overtime for hourly employees. So, it is not just the LCA. Labor laws apply to all employees regardless if they are on H1 or not.

That's why the OP needs to discuss this with a labor lawyer.

Quite frankly, it is strange anyway that an employer tries to get free help from a forum. He has enough money to consult with a lawyer. If he doesn't he has no business running a business.

Edited May 14, 2020 by JoeF

[User099]

On 5/14/2020 at 1:05 AM, JoeF said:

As I said, it depends. Labor laws (different in each state) may require employers to pay for overtime for hourly employees. So, it is not just the LCA. Labor laws apply to all employees regardless if they are on H1 or not.

That's why the OP needs to discuss this with a labor lawyer.

Quite frankly, it is strange anyway that an employer tries to get free help from a forum. He has enough money to consult with a lawyer. If he doesn't he has no business running a business.

If people are using answers from a public forum as legal advice then its for thier peril. I know what you are saying and employmnet agreement should encapsulate the laws of the state. That is why I said employment offer that was extended to the empolyee. Atleast my employment offers had a section which defined overtime pay and how much I would get paid for overtime. 

[User099]

Empolyees should also follow what ever was in the employment agreement which they signed and not always play the victim card. Employer runs a business and not a charity.