Anybody know a thing or two about labor law?

Discussion in 'Community Discussion' started by adk, Aug 14, 2006.

  1. adk macrumors 68000

    adk

    Joined:
    Nov 11, 2005
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    Stuck in the middle with you
    #1
    I work full time (in the US) at an hourly job. A week or two ago I covered somebody's shift, meaning I worked 48 hours that week versus the regular 40. The problem is, On my paycheck for that week I was paid for 48 hours of regular time, and no overtime. I always thought that employers had to pay somebody at least time and a half for any hour over 40 they work in a week. I went to payroll and they claim that because I was covering somebody else's shift, it's technically not overtime. I think they owe me a little bit of money. Who is right here?
     
  2. dornoforpyros macrumors 68040

    dornoforpyros

    Joined:
    Oct 19, 2004
    Location:
    Calgary, AB
    #2

    I'd say your right, my experience with the labour laws is it's best to go to your local labour boards website and find some writing to back up your claim (eg, you worked 8 hours of over time). Print out the page along with the URL and take it to pay roll and your immediate supervisor.

    If they once again claim you aren't owed anything than inform them (be it, in a respectful & calm way) that you according to the labour board they are wrong and you will be filing a complaint if need be. If they still don't budge than file a formal complaint with the board.

    I'm not sure how it works in the US but when I filed a complaint it was absolutely free for me, and the labour board was on my side as they are there to help employees. Not employers.
     
  3. iGary Guest

    iGary

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    May 26, 2004
    Location:
    Randy's House
    #3
    If THEY asked you to work, then it would be covered, since you picked up the extra hours, it kinda isn't. I mean techincally, they have to pay you by law, regardless if you are in the U.S. and you don't work on a salary arrangement. Not worth getting into a tussle with your employer over, IMHO.
     
  4. yellow Moderator emeritus

    yellow

    Joined:
    Oct 21, 2003
    Location:
    Portland, OR
    #4
    I believe it's federal law that the federal work regulations ("Fair Labor Standards Act") are posted in a clearly visible employee area.
    On that sheet should be the law regarding working more than X hours in a week.

    It's possible that you are exempt because you don't make enough per hour to qualify.
     
  5. Sun Baked macrumors G5

    Sun Baked

    Joined:
    May 19, 2002
    #5
    Then there are scads of exemptions on who is and isn't covered by the overtime standards.
     
  6. yellow Moderator emeritus

    yellow

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    Oct 21, 2003
    Location:
    Portland, OR
    #6
    My brief foray through Google supports this.
     
  7. adroit macrumors 6502

    adroit

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    Sep 28, 2005
    Location:
    Victoria, BC
    #7
    I don't know how the labour law works. But why would you want to get overtime when you pretty much volunteer to work for somebody else's shift. Your employer obviously hired enough people to cover all the shifts so that they don't need to pay extra overtime. But if you CHOOSE to cover somebody else's shift then why should they pay you extra?

    If they ask you to work overtime and you complain about it then I think it's fair. But in this situation I don't think that it worth making a fuss about.

    Just my 2 cents.
     
  8. adk thread starter macrumors 68000

    adk

    Joined:
    Nov 11, 2005
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    Stuck in the middle with you
    #8

    I'm not asking if it's fair, I'm asking if it's legal. And nothing personal, but I'd like to keep this discussion as much as possible to americans only. Americans don't even know their own labor laws, so I can't imagine too many canadians, brits, aussies, etc. know either.
     
  9. iMeowbot macrumors G3

    iMeowbot

    Joined:
    Aug 30, 2003
    #9
    You really need to talk to your state's labor department. In addition to all the loopholes in the federal exempt/nonexempt rules, there are independent state regulations that can apply depending on the nature of your employer's business.

    (BTW: it is possible to ask them without it having to turn into some kind of complaint that gets you into an uncomfortable situation, so don't be too worried about that.)
     
  10. DZ/015 macrumors 6502a

    DZ/015

    Joined:
    Mar 23, 2003
    Location:
    New England
    #10
    I have had trouble with this in the past. They may owe you. There are exceptions to this. Poke around the website.
     
  11. erickkoch macrumors 6502a

    Joined:
    Jan 13, 2003
    Location:
    Kalifornia
    #11
    They owe you money. I'm not an expert on labor law but I was working on an MBA and did take a class on this very thing. Based on the explanation that your employer gave you about "covering someone elses shift" they are wrong and what they did is probably not legal.

    It is still remotely possible that you're not entitled to the overtime (I doubt it) but it would have to be for reasons other than what they are giving you.

    If in doubt and you want to make an issue of this call your states labor board, but be warned, they may get you your money but give your employer a hard time (fines, audits, etc.) you may decide it's not worth it. I briefly dealt with the labor board in CA and I can tell you they pounce when they get a report of things like this.

    I suggest you ask for the employers payroll policy, I'm willing to bet they will be scratching their heads trying to find this exemption in their policy about not paying overtime when covering someone elses shift.
     

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