Can my employer take time away from my regular time work so they can avoid paying me overtime? What kind of disciplinary actions do employers practice in the US? Where they end up wrong is when its actually legal (exempt), but not the other way around. That does seem to be a very popular contract condition. Well so-and-so came back and she still scheduled me mornings, so I confronted her about it, and she said I was a flex hire and she can schedule me whenever she wants to. Regardless of the situation its in the best interest of the employee to say something. Assuming I havent screwed up the technical side of recording, you should get Canyon flat pedals, Thok 3D-printed e-bike, HUnt XC Wide Wheelset. Posted 11 years ago. Not a minute more. Im not looking to take any legal action quite the opposite! Does this mean you should stop saying yes to additional responsibilities altogether? WebThe answer is yes, an employer can force employees to work mandatory overtime. Sorry! If you can't adjust to this (or if you don't want to), I'd suggest the following. But there are bad things other than retaliation. Working No matter how poorly you perform, your employer cant dock your salary. I had planned to part on good terms but they have made that impossible. As a freelance editor whose main client requires me to work a shift daily (from home), I always wondered about the legality of this. If, however, your friend agrees to write a blog post about how your websites are different and why people should hire you, the exposure you'd gain could be worth it. off days and should not take all her annual leave. What advice can assist in this situation???? Working Some of us were discussing them and some of the BS reasons why we didnt get a larger raise. No matter how hard it is to believe, employers can request employees to work extra hours without giving any prior notice or asking for an employees approval. Are they under the illusion that the only time charged is time in the workplace, but that they can make them do whatever amount of work outside for free since theyre not at work? The owner of the restorant is also the Maneger so he is in charge he is indian so is the other 2 employees they dont celebrate halloween. I was hired at a store and they were in the process of opening so ihad to help set it up but after 3 days of hard labor of unloading a truck and setting things up they let me go because theyve pursued other people to work when they open because they can only keep five people. THEN we were eligible fore the agencys benefits and even some vacation time. Thats being a hospital doctor for you though. I sometimes find it hard to get there and feel this must be illegal to tell an employee they have to come during certain hours. But when I get my checks my hours are short because of those minutes chopped off each day are adding up over the two week period .. the only way it would balance out is if im clocking out at a certain time , i feel .. this cant be right , its cheating people for the little money that is trinkled down on these jobs and plus the amount of work being done !! Although I will say most employees and the immediate supervisors probably dont know any better. Im a bit concerned since everyone else is in no rush to get the job done and leave work, they assume Im the same way. When I should an would rather be working for false agusations on sleeping on the job? I had planned to part on good terms but they have made that impossible. Pay for working extra hours. Contacting strangers out of the blue to offer your services for free might backfire. And also someone whos always been exempt may need to do a better job of understanding the rules about non-exempt. 6. It was a very uncomfortable place to work and the male co-workers even blew blow horns in the bathroom door while i was trying to go to the restroom. While 40 hours per week is considered the standard, many employment contracts differ depending on the needs of the employer. Want to improve this question? All of the mistakes were pretty much the same, the lunches. If you do decide to decline a request, keep the conversation emotionally neutral. mcboo. They can tell you anything and expect everything from you. 2. A big client (a very, very well known pharmaceutical company) dropped all outside marketing vendors and he had to lay off 95% of his staff. I just meant: what happens if you employer is not happy with your work. I worked from 7 am to 4 pm monday through saturday and never had a break. If youre a non-exempt employee, you must be paid for all time worked. do you have to be paid if your office is closed due to weather? Certain types of volunteer work can boost your rsum. The night before his incident, an employee was locked in the bathroom for over 20 minutes, the following night my husband got locked in but needed to get back to tend the customers at his bar. Thanks. After the recruiter called to offer me the job, I was sent to a staffing company for a drug test and background screening and then I started the job. I woke up the next morning and found out I did not have their number so I contact a coworker to see if they had it. If your friend asks you to create his website for free in exchange for your name appearing in the fine print, will that really help you gain more clients? Top performers can be a prime target for additional requests because they enjoy challenge and frequently seek out new ways to demonstrate their skills. If I try to work for too long without any break, I may begin to lose (or struggle to keep) that ability. Thanks would you suggest talking to my boss immediate or addressing it with my coworkers first? So he gave me a deal for me not to work but to give him $70 in cash I said ok I am despret kuz I have a 5 yr old daughter I want to take to trick or treat. Paying people as contractors when the law says they should be employees is probably one of the top two most common legal violations at work. Theres been some good HR advice on here in the past; I wonder if any of you can help? Overtime pay may be included when calculating holiday pay. You must receive your paycheck promptly. This always causes confusion for me. In TikZ, is there a (convenient) way to draw two arrow heads pointing inward with two vertical bars and whitespace between (see sketch)? At larger places, I think the opposite may happen. I have half hour drive home. Now Im having the issue of rules. If youre someone who tends to agree to every additional request that comes your way, heres how to gauge when its appropriate to push back. Thanks.. This is the most blatant of all overtime pay violations, yet is still seen in numerous offer letters and employment contracts. Under the FLSA, all non- exempt workers must be paid for all hours worked. that your primary job responsibilities, like training new employees and interviewing potential hires, starts to suffer. That doesnt say anything about them sending me before my 4th hour of work though. not worth the trouble to say no. The best answers are voted up and rise to the top, Not the answer you're looking for? The FLSA states that work that is off-the-clock is the same as overtime not compensated by an employer at a standard hourly wage. We accept that our pay rate is low and the systems they give us to work with are very slow, which reduces our earning potential (can sometimes only answer 4 calls per hour due to their portal slowness), but deducting money from our pay for petty errors, surely this must be illegal? TJ show me one hospital doc in the UK that works 48hrs max per week, and Im not just talking junior docs either. I know Im a contractor, but would I be misrepresenting myself if I say I work for Big Federal Agency, since theyre the ones who foot the bill anyway? Employers can refuse the requests on reasonable business grounds such as if the worker is filling in for someone on leave. I tried talking to CEO/president and vp but after I was told they would meet with me they just brushed me off like whatever I had to say didnt matter and still havent meet with me.. Is any of the stuff they are doing legal.. Can the HR personnel be my manager too.. My boss stopped paying us mileage but in my case to get to my agreed salary mileage was part of the deal. Overtime Pay Which I dont have any problem with from a DOL standpoint, but if I were an employee without another job lined up, I might not want to risk cutting my own rope without having a net in place. She lied to me about the hours I would be working. But I also think it makes sense to be realistic in your expectations. I work for a dr. And over the year the dr was caught by his wife using illegal prescription drugs. Find out more about part-time workers' rights. I live in TN. Work My employer can tell me to work 30 minutes a week and hire contract workers to do the job. Or heck, just being realists and knowing that we often go over the 30 minute lunch allocation so doing 15 minute jobs after hours just balances out. Is there any advantage to a longer term CD that has a lower interest rate than a shorter term CD? If you have signed a contract for 37.5 hrs and you are expected to do extra hrs at sometime I would keep a diary of events and then if you are to take it further get I feel like i was screwed over and i dont know if this is legal or not? This company then listens to calls and checks our emails and if they dont like it, we dont get paid for that email or call. an acquaintance I recommended proselytized to all my clients (with singing), employee lied about his mom dying, coworker is a magpie, and more, my new employee is the parent of my childs bully, how to ask for a raise (because you need to), our remote employees were excluded from our company appreciation day, people keep asking why I wear pantyhose, career coach wants me to use someone elses job title, and more, the faked heart attack, the very smart dog, and other (amazing) stories of pettiness at work. I was helping with their conference, hence why it was set up the way it was; I worked 6 hrs a day, 4 days a week, but I do remember one period where they bumped me up to 5 days (same hours) due to increased work as the conference drew near. they can probably make your life a little difficult and set targets that manage you out of the business. I have very little income and no job at the moment and they are being so very rude and not helping when this program is meant to help youth. Fair Labor Standards Act 28 Sep 2022 If you are an hourly-paid worker, you should be paid the agreed contractual rate for every hour you are required to work. Fair Labor Standards Act (FLSA) Overtime provisions are contained in the Fair Labor Standards Act (FLSA). He always has to go by there after work on that day to get his next schedule anyway and I dont see why he isnt allowed to pick up his check then? What is the term for a thing instantiated by saying it? What their motivation is, why they like it, and if they think it's normal to not get paid extra. I got a verbal warning when I reached 5 points, once you reach 8 you get fired. As I said at the start, I am trying to fight my corner in the face of poor treatment by my employer, and Im looking for an angle. Im going to be putting in my two weeks soon can my manager cut those hours or not because legally as full time im suppose to work a minimum of 34 hours. The next day the owner demanded that he pay for the door, to which my husband refused but offered to pay for half since it had already been broken for a couple of years. New managers have a tendency to trust that HR knows what they are talking about but HR people are no better than anyone else. A month into that job Ive been poached by a competitor to the company who got rid of me via compromise agreement, 8K pa more basic, nicer car, better products and OTE of about 30K more if I bring in the same business i was bringing in for previous lot. If you were independent you would not need them. And as far as the moral situation is concerned there is a moral responsibility to put a stop to harm if you know harm is going to come to others. He said some big retailers were changing part-timers rostered days with notice as long as staff still worked a guaranteed number of hours a week. For residential employees, entitlement to overtime pay occurs for all hours worked beyond 44 hours in the workweek. Look, it might be the case that the business is just hanging by the slimmest of threads and only pays for heat from the money saved by not paying payroll taxes. The first year she ignored his requests. Also on another note you cannot fire someone just cause there has to be an absolute reasoning due to labor board standards this is called and unlawful termination but thats california.. they have to provide reason and yes you have the right to ask why and if they have no idea why go declare unemployment also if you pay iant on the date of seperation they can be legally brought in to california labor and standards which in any job the manager will be held responsible just for your fact unlawful termination is with no explaination why so that is false autonatically. Here again, the National Labor Relations Act protects you. Ask an Expert: Exempt Employees - SHRM 'Work' includes time spent at the employer's premises and at the employer's disposal, even when you havent started on your tasks yet because you are getting ready for your working day. This site focuses on questions that have practical answers or are general enough to be useful so rather than asking "Is it normal?" My current employer went to my previous work place (the terrifying one) and asked about me. Yes, theres a lot of ignorance, especially around what is legal vs illegal and for the more obscure and complicated issues. http://www.dir.ca.gov/dlse/faq_mealperiods.htm. Even if an employee is paid a salary, if the employee doesnt meet the In the past, employees have opted to just take a personal or vacation day when a federal holiday interrupts the workweek. A lot of people dont even know theres such a thing as exempt and non-exempt. Have your fellow employees all pitch in and buy her pillow and blanket to sleep on the floor at work. However, an ASM had fixed my time adjustment in the system for this day (had clocked out at end of shift when asm told me to take baskets of cardboard to recycler, its one of the tasks at end of shift). On the other hand, a solo project like filing old reports for your manager offers zero chance to expand your network in a meaningful way. Also, while we are on the subject. *It would not shock me to find out they are doing this illegally since they seemed to be sued a lot by their employees. My question is can they legally just take me off for that day? WebCompensatory time or comp time occurs when an employer allows an employee to receive hours or days off in lieu of overtime (time and a half) compensation. If you give in to this, it will probably get worse. What's the meaning (qualifications) of "machine" in GPL's "machine-readable source code"? Sometimes organizations even expect me to pay for my own airfare -- which means it'd actually cost me money to speak at an event. (This is one of the largest companies in the world). That just cant be right, you should be getting paid surely. I was shocked and politely refused. She texted me saying you work at 11 I said ok. Sounds like you needed more supervision on that job! He works a second job and is always at work on that tues until 7pm. After knocking on the door from the inside for a 1.5 minutes (the owner counted from the surveillance camera the next day), he used his shoulder and some power to bust open the door. i was offered a deal, stay home friday think about either severance or to come in monday and discuss where and what i want to do in the company with the boss. Check up with company policies. So, Id just choose to not work for such a company. I get that daycare folks are kind of like teachers, so do they just think of it as homework? A Guide to Salaried Employees: Everything To Know About Hours Theres a ton of ignorance out there on every subject; labor law is no different. I was the owners assistant, had a set schedule and everything. I'm not being paid for it.". Im pretty certain that teachers are classified as exempt. I called HR and they told me my manger never put the raise in and I dont have her here to back me up anymore so I feel like I am getting screwed by everyone. I don't expect your colleagues to change, since it seems they like to hang out late. Im in Illinois but I believe this is legal. My hiring manager, 3 weeks into training pulled me into his office and asked me out. As for what you can do about it, you can mention it to your boss but your response is likely to be that none of the other employees have a problem with it and your card will be marked. We have an dress code in writing and wont do one bc it will take freedom away from people as they say or have told me but yet in the office I work out of the guys can wear jeans and regular shoes everyday but the girls have to wear high heels, dress pants, skirts, dresses, and blouses Monday-Thursday and can wear nice jeans with blouses on Friday but the jeans have to be approved first It says in the hand book coming in early to leve early just to get to 40 hours is strictly prohibited but we have one employee who comes in at 8 or 9 in the morning to leave at 3:30 or 4:30 (and doesnt take a lunch) and isnt penalized and no one says anything to her about it. Now is still the time to address it. I have it in my current and it was in previous contracts. Now they are telling me it was only 240. Unless exempt, employees covered by the Act must receive overtime pay for hours Require employees to work more than 40 hours. The Print+ membership where Singletrack magazine drops through your door, plus full digital access, is normally 45, now only 22.50 with the code. If you are one of the many Americans working extra hours in your salaried job, are you eligible for overtime pay? I can think of a couple reasons it might not be intentional: If the manager was promoted from the ranks, then she is just enforcing the same rules she experienced without knowing any better. So how is it that a manager doesnt know any better? I lived with a shift manager from my company but I was late to work so the assistant store manager called my shift manager/ landlord to cover my shift. :). I made mistakes throughout the year, namely forgetting to deduct lunches from the total. Im glad I saw this thread because every time I asked for time off based on my working late (Im exempt, so its not really official), I always took 1 hour for 1 hour worked. When the list comes around its mandatory not voluntarily. Sky News On that basis I am attempting to defend my position, and thought an overtime claim could be a way of doing this. Here are four times working for free might make good business sense: Whether it's a blogger looking for free content or an organization looking for a webinar for its employees, the word exposure gets used liberally. But when youre a new manager you have enough on your plate with getting your people to do their job that who has time to worry about that HR stuff. Learn more about Stack Overflow the company, and our products. WebThe FLSA does not require extra pay for weekend or night work. Q: I was recently asked to assume additional responsibilities with no extra pay. He didnt tell us then and continues not to say anything when he does it but says you should have figured it out by now your not getting it. Maybe a lawyer can weigh in?? My salary was $20,000. A: Yes. I value my spare time and its worth way more than spending time at work. My indian boss runs a market. extra My fiance use to work atleast 40 hours a week. My employer wants me to work extra hours in excess of We acknowledge the Fair Work Commissions decision is a step in the right direction, but its disappointing they didnt take the opportunity to provide more flexibility for employers and employees.. You'll be home in time so you won't bother your roommates. If it's minimum wage then the extra 30 minutes unpaid means that for the total hours you're working, you're earning less than minimum wage and your employer is breaking the law. Suffered work means the employee engages in work that isn't requested but allowed, such as working extra, unpaid hours in order to help colleagues. What are my options aside from looking for another job.? I have been backed in to a corner by my employer, and against my principles I am being forced to think of some potential fire-with-fire techniques. Is it possible to "get" quaternions without specifically postulating them? Your categorization is not up to your employer; its determined by government guidelines. 1. Id say everything else was treated as a contract job; straight pay (no taxes) and no benefits. I am a salaried employee. It would be like docking you pay everytime you made a mistake. Now everyone is telling me I should have back pay for whenever my manager put in my raise until now and I have no clue what to do, this being my first real job. I had this, at least . If anything they constantly complemented me and praised my work ethic. Websalary - Is it normal to stay late working without the extra pay? Will federal employees get an extra day off for Independence Day?

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