Employer Says if You Work Overtime, Leave Early the Next Day
I don't believe this is legal in the state of illinois. I am a non exempt salary employee. I get paid overtime for any hour worked over 8 hours a day or 40 hours a week. My employer is saying I still have to stay over my 8 hours, but on the following day , I need to leave that much earlier, so as to not accrue or be compensated the overtime pay. They are asking me to do this during the week and also on the weekend. My normal working days are only M-F. Please let me know if this is legal? I think it isn't...
I found this on a lawyer's web site, however, I don't know if it is legit.
“Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.”
http://www.workplacelawyer.com/whdsfs23.html “
Re: Employer Says if You Work Ot, Leave Early the Next Day
What you are describing is legal in all 50 states. You are not being asked to waive overtime; you are being told to manage your hours so that you do not work overtime. That is a different thing altogether and is 100% legal.
The law gives you the inherent right to be paid for overtime IF YOU WORK IT. It does not give you the inherent right to work overtime. What hours you work and whether or not you work over 40 hours in a week is 100% in the control of the employer.
Re: Employer Says if You Work Ot, Leave Early the Next Day
Okay thank you for that information.
What if they require me to come in on the weekend which is not my regularly scheduled work hours, and are not going to pay Overtime for this? They're asking me to manage my M-F hours to accomadate for the weekend also.
I guess you're saying that applies in any instance whether M-F or on the weekend. I'm just not going to come in on the weekend then.
Re: Employer Says if You Work Ot, Leave Early the Next Day
The only thing either Federal or state law cares about is if you worked more than 40 hours in any given workweek, which is defined by law as a set period of 168 hours. They don't care when you work it. You are not entitled to overtime just because it's a weekend.
Just so you know, you can be fired for refusing to work weekends unless you have a legally binding, bona fide contract that specifically says otherwise.
Re: Employer Says if You Work Ot, Leave Early the Next Day
Spoken like a true HR Manager.
Re: Employer Says if You Work Ot, Leave Early the Next Day
I'm not saying you will be, I'm saying you can be. And I am not responsible for what the law says. Would you have preferred that I not give you that warning and you found out the hard way?
Re: Employer Says if You Work Ot, Leave Early the Next Day
No.
I'm just glad my bosses aren't as harsh in word as yourself. Again, thank you for the information.
I explained that the reason I didn't want to work the weekend was because I have a very long commute and because of the cost of gas. VERY LONG commute. They completely understood and said that only for the weekends, I will get OT pay.
I will be adjusting my work hours during the week to manage my time as they suggested. I just needed to make sure it was legal. This company has had class action settlements against it because of failure to pay employees due overtime, so I had to check up on them.
Re: Employer Says if You Work Ot, Leave Early the Next Day
Believe me, I understand long commutes. Mine is two hours each way. Nothing was intended harshly; my only reason for including that information was so that you could factor it into your decision. They certainly CAN pay you overtime for working weekends if they choose to; they are not REQUIRED to unless that puts you over 40 hours a week.
Re: Employer Says if You Work Ot, Leave Early the Next Day
Makes sense. Thanks again.