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I had this happen to me at a company that I owned in the past. I got the DOL to chop the total amount due in half and then got them to allow us to pay it out ov
by larrys 12y ago
I had this happen to me at a company that I owned in the past. I got the DOL to chop the total amount due in half and then got them to allow us to pay it out over 4 or 5 years. (All without a lawyer btw...)
Edit: Reason for downvotes?
- ics 12y agoEveryone reading this thread would probably appreciate it if you provided more information. Your brevity almost sounds like gloating as it says nothing in regards to the well-being of your employees except that the money that you managed to owe them less than half of what the DOL originally figured. In your other comment, you mentioned "some hidden rule"– what rule? How did you go about resolving it? I expect you could have some extra insight given that you did not involve a lawyer on your behalf. Size of the company, timeframe which this took place, etc. would all probably be helpful. We want to know what the less nefarious reasons you mentioned above actually are.
- larrys 12y ago"Your brevity almost sounds like gloating" Well yes I was bragging. I was pretty proud that I got it cut in half after an attorney told me to just pay the full amount that (he was a labor lawyer) he didn't think they would budge. So yes I was proud that I did that but more importantly wanted to point out that it was possible, at least then in that particular office. In business sometimes just knowing something is possible can enable you to try. "except that the money that you managed to owe them less than half of what the DOL originally figured" Well as a business person of course I'm going to try and minimize the dollars owed. But further to the employees it was essentially found money they didn't have an issue (other than the one employee who did apparently) in the first place. The company was about 20 employees. This happened over the course of a few years. It involved the fact (from memory) that you didn't have to give employees (of this type) any breaks but if you did give them breaks they had to be 15 or 20 minutes (don't remember). So here is the scenario (for this type of employee). You work and you don't get any breaks. - Ok says the DOL You work and you get, say, 20 minutes break. - Ok says the DOL. You work and you get, say, 15 minutes break. - No says the DOL must be 20 minutes you owe them pay for the 15 minutes they weren't working. Only thing I don't remember is if it was 15 minutes needed or 20 minutes. The point is we were off by 5 minutes so we owed back pay for that. So once again breaks weren't required but if you give them they have to be of a certain length. And it had nothing to do with a job description that generally referenced breaks either. No mention was made of breaks when hiring. And they didn't have to take breaks either.
- ics 12y agoI did not vote for your comment either way because of the limited information. Bragging or not I wanted to know what you were bragging about, so thanks for the extra info.
- parfe 12y ago>Edit: Reason for downvotes? Because you're bragging about screwing workers out of paid rest time. http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE5.asp http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE5.asp How obscure!
- larrys 12y agoNot true. I was bragging about negotiating the government down. Reason you (and others) jumped to that conclusion?
- gergles 12y agoLiquidated damages the DOL collects are paid out to the workers, so the assumption is that you are bragging about screwing the workers by 'negotiating' damages.
- larrys 12y agoLet me ask you a question. Do you personally (or anyone else) think that there is anything wrong with trying to negotiate down what the government tried to recover and possibly penalize? Before you answer please review the facts here again: https://news.ycombinator.com/item?id=8138922 https://news.ycombinator.com/item?id=8138922
- danm_cc 12y ago"Do you personally (or anyone else) think that there is anything wrong with trying to negotiate down ... backpay owed by law to employees of my own company" FTFY. Oh, and the answer is yes; there's a lot wrong with that.
- larrys 12y agoNoting your link, btw way this way many years before the internet when is wasn't simple for a small company to know all the potential pitfalls.