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  1. #1

    Default Improper Calculation of Overtime Pay and PTO

    My question involves labor and employment law for the state of: Connecticut

    Hi, guys. I've got one here for you.

    I work for a company, and have been noticing something odd about my paychecks, especially when it came to overtime, among other things. After some careful research and calculations, I have discovered issues.
    First, let me state that there is also a Collective Bargaining agreement in place.

    First and foremost, this agreement states that on specified holidays (and there is a list) any time worked on such days is paid at 1.5 times the hourly rate.
    I have found that this is not being done.
    All holidays are calculated at normal hourly rate.

    And if it stopped there, it would be simple enough, but it doesn't. Wondering what else could be wrong, I carefully reviewed EVERYTHING pertaining to my compensation.

    I discovered a number of things.

    Including but not limited to:

    Sick/PTO being debited from the time bank where it was not requested, and there is no payout for it. It just "disappeared" from one period to the next. (although the manual edits removing it are visible)

    Overtime being calculated at a rate less than 1.5 times base pay (more like 1.45 times base pay - small, but it adds up)

    Hours clocked in the system being manually edited and removed - an hour here, 2 hours there. A little bit at a time, but it adds up. For example, work overtime 3 days in a week, 2 8 hour days plus 3 10 hour days, totaling 46 hours, someone manually edits and changes that to 44 or 45 hours, only taking an hour or 2 off of one day.
    Hardly noticeable in end pay, and truthfully, almost no one looks at their stubs these days.

    Overtime not being paid for time in excess of 40 hours. Work 48 hours (reported on stub, may not be accurate due to above mentioned issues) and get paid 1.5 times base rate for only 4 of the extra 8.

    Plus other little things. All almost imperceptible, almost unnoticeable, but there.

    Now, here's the thing. It's not just me. This issue appears to be system wide. Of the checked and verified reporting, of different employees, the occurrence rate is 100%.
    (computerized system, easy to check and verify)

    Every issue affects everyone.

    To make it worse, it goes back years.

    To the tune of 1000's of employees at millions per year.

    It has taken many long months to piece it together, and the rabbit hole went much deeper than I thought. The question is, what the heck do I do?

    There is more, as well as relevant details that would greatly impact this further, but for the time being, you gotta start somewhere.

    It's not just about me anymore.

    What is the next step?

  2. #2
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    Default Re: Compensation/Overtime and Other Issues

    First, what did the union say when you spoke to them about this?

  3. #3
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    Default Re: Compensation/Overtime and Other Issues

    First, if you have a collective bargaining agreement, the best place to be placing these questions is with the union.
    The next issue is job category. If you are a non-exempt employee, there are certain state and federal rules that must apply.

    Some of your terminology is confusing. On the Sick/PTO debits, are you saying these were removed without the leave actually being taken?

    "Clocking in" is largely immaterial to the law. What matters is whether you were constructively on duty during the time. If you were working and not being paid, that is a problem if you are a non-exempt employee. Similarly, a non-exempt employee should be paid overtime for every hour over 40 actually worked. Note, that there's no requirement that the overtime and your holiday premiums need to double dip (according the state/federal law).

    Did you ask HR about the 1.45% thing? Chances are with a tiny error like that you may be missing some aspect of your base pay rate.

    We obviously can't see the CBA so we can't answer those issues. Holiday pay isn't covered either by Connecticut or Federal law.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Compensation/Overtime and Other Issues

    I'm going to give you the appropriate regulatory agencies here; however, it goes without saying that it would make far more sense to address these things internally first. As you are a union member, I would start with them and only progress to outside agencies if nothing can be resolved in-house

    First and foremost, this agreement states that on specified holidays (and there is a list) any time worked on such days is paid at 1.5 times the hourly rate.
    I have found that this is not being done.
    All holidays are calculated at normal hourly rate.
    This is a union issue. The law does not require this. For this issue, you will need to take it up with the union.

    Sick/PTO being debited from the time bank where it was not requested, and there is no payout for it. It just "disappeared" from one period to the next. (although the manual edits removing it are visible)

    This may or may not be a legal issue. There are no Federal laws regarding vacation/PTO time; Connecticut laws regarding sick time go back only to 2012. A quick review did not show any requirements that the employee ask for the time to be applied before it can be, and it is not illegal to make corrections to the time bank if there have been improper calculations. There is NO prohibition against the employer applying PTO time to short absences unless the employee requests it. The regulatory agency overseeing the paid sick time would be the state DOL. The rest - you can see if the state DOL is interested/

    Overtime being calculated at a rate less than 1.5 times base pay (more like 1.45 times base pay - small, but it adds up)

    This, if accurate, is definitely illegal. You'll do better with the state DOL than you will the Federal.

    Hours clocked in the system being manually edited and removed - an hour here, 2 hours there. A little bit at a time, but it adds up. For example, work overtime 3 days in a week, 2 8 hour days plus 3 10 hour days, totaling 46 hours, someone manually edits and changes that to 44 or 45 hours, only taking an hour or 2 off of one day. Again, might or might not be illegal. The law does not require that you be paid for all time clocked in, but all time WORKING. If someone clocks in at 7:30, puts their lunch away, gets their coffee, reviews the headlines, checks their personal email, discusses last night's football game with their co-worker, and then begins work at 8:00, they do not have to be paid between 7:30 and 8:00. IF there is time folks are actually working that is not being paid for, then again the state DOL will give you a better result than the Federal.

    Overtime not being paid for time in excess of 40 hours. Work 48 hours (reported on stub, may not be accurate due to above mentioned issues) and get paid 1.5 times base rate for only 4 of the extra 8.

    See above two answers.

    Quite honestly, you know what I would do first if it were me? I'd take one of my paystubs that had such discrepancies on it, go straight to Payroll, and ask them to explain the discrepancies. At least where I work, that in itself would be enough to start an investigation.

  5. #5

    Default Re: Compensation/Overtime and Other Issues

    Yes, non-exempt employee.

    Yes, regarding the sick/PTO being removed, the leave was NOT actually taken.

    As far as clocking in, yes, actively working. Anything other would be a violation of policy. The job does not have down time. No breaks or lunches either. We're not allowed, regardless of how many hours we work.

    As far as the 1.45%, you may be right. I hope so. I've tried every which way to add it up, and can't get to 1.5%.
    I will try again.

    I have not gone to any agency, or the union yet. I had been working on it a while, and it all just kind of came together recently. The final pieces of the puzzle fell in place, and I was able to see the big picture.

    I don't want to do the wrong thing and be penalized. I know it's not supposed to work that way, but heck, we all know it happens.

  6. #6
    Join Date
    Dec 2009
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    Default Re: Compensation/Overtime and Other Issues

    We can't resolve your problem here. You need to report this to someone who is capable of resolving your problem. In this instance, that person would be your union rep.

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