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Can an employer force you to work OT?


evan9381

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so here at work, they don't pay overtime. so for our 2-3 saturdays a month we have to work, we get to take that time off during the week.

 

when i first started, it was a 4 hour sat (8-12) and a 6 hour at the EOM (8-2). then, new company came in, changed it to 2x 4 hours (8-12)...this was good. we were able to take off a day at noon, or come in at 5 on a late night....a few months ago, they changed it to 2x 4 hour sats/month, and on a month with 5 saturdays, the last saturday is 8-430. at the same time, they told us instead of being able to take a 1/2 day off, we could only use an hour a day...so we could work 1-9 on a late night, and 8-4 on an early day

 

no one was happy with this, but we bit the bullet

 

so this saturday coming up tomorrow, we knew we would have to work 8-430. not happy, but i gotta do it. we'll, theres been word going around today (and heard it from my neighbor/manager) that they are not going to allow us to use that 8 hours, and that they will just pay us the OT.

 

for me, at this point, i could give a shit less about the extra money. in the month of june, i have only had 6 days that i have not had to step into this building, most were sundays.

 

are they legally allowed to force us to work overtime? i think after the upper management tells us (which i dont expect them to do today or everyone will call off tomorrow), im going to be writing to HR. such BS...

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Ohio is an at will state, if you don't do as they ask, they can fire you. And you just said they were going to pay you overtime, so if they are going to pay you for it then they aren't doing anything wrong. Quite a few jobs require people to work weekends or nights, its just part of that industry or whatnot. deal with it or find a new job, they probably could care less unfortunately.
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There are federal guidelines stating they HAVE to pay you time and a half for overtime. But OT can be construed as one of two things, anything over 40 hours a week, or anything over 8hours a day (10hours if you work 4/10's). As long as their paying you OT for your work there's no law their breaking.

 

What I dont understand is how are you working your 40? mon-fri 8 hour shifts? if their making you come in on a saturday then how did they ever get away with not paying you OT? i think i just misunderstand your post, sorry.

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Ohio is an at will state, if you don't do as they ask, they can fire you. And you just said they were going to pay you overtime, so if they are going to pay you for it then they aren't doing anything wrong. Quite a few jobs require people to work weekends or nights, its just part of that industry or whatnot. deal with it or find a new job, they probably could care less unfortunately.

 

Truth. It sounds like they either trade you days to keep you under OT or, as you said, are willing to pay OT. Either way, even if not an at will state, they've covered their bases. Sounds like you just have a job with a shitty schedule. You can ask to speak to your boss or HR if you'd like, but more than likely a new job will be what you'll need to find if you wanna be happier.

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well, i learned some more since this post and now. apparently, theyre not even paying us overtime...just for a regular 8 hours

 

the way i work sat and not get OT is because our pay period runs from sat-fri. so i work 4 hours saturday, i take off that time mon-fri. my schedule is 12-9 mon/tues (with an hour lunch) and wed-fri 8-5 (1 hour lunch)

 

i think their thinking of it as "if XXX works sat, mon, tues, thurs, fri, thats 40 hours, we dont have to pay OT, and only giving us 8 hours of pay for the holiday

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Somewhere in your building there is a board with the labor laws posted, take a look at it.

 

 

General Information on the Fair Labor Standards Act (FLSA)

Printer Friendly Page

 

Federal Minimum Wage:

 

 

  • $4.75 per hour beginning October 1, 1996
  • $5.15 per hour beginning September 1, 1997

Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer.

 

Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

 

Tip Credit: Employers of "tipped employees" must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met.

 

Overtime Pay: At least 1½ times an employee's regular rate of pay for all hours worked over 40 in a workweek.

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Guest tecnomike

yes there is a manditory 16 hours a day they can work you and they can work you 7 days a week, but they have to pay overtime after 40 hours or give comp time in trade

I use to work at Buckeye steel I had to work 7PM to 7AM 7 days a week and the maintance worked longer hours and that was a union job .

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I think it depends if you're "exempt" or "non-exempt". When I worked at Chase at Polaris we were working this project. Normal 40 hours a week. Then, come Friday, we were in there from 8 am to about 1-2 AM on Saturday morning. A good 16-17 hour day. Go home, get back up and be in at 7 am Saturday morning. And work THAT until midnight.

 

We didn't get shit. We were exempt and were salary employees. They also didn't even offer us "comp time" either. We got hosed.

 

Could we do anything about it? Nope. If you're a salary employee you got paid no matter how many hours you worked.

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Overtime Pay: At least 1½ times an employee's regular rate of pay for all hours worked over 40 in a workweek.

 

That's what the board says, but they can also offer comp time in return for working OT. Thing is, usually if you don't use it up within a certain amount of time, they just pay out.

 

I think it depends if you're "exempt" or "non-exempt".

 

Yep. That is why working for the Feds is the best, you are always hourly and non-exempt. Plus they require core hours, and you can end up working overtime, and racking up credit hours and using them as time off

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I think it depends if you're "exempt" or "non-exempt". When I worked at Chase at Polaris we were working this project. Normal 40 hours a week. Then, come Friday, we were in there from 8 am to about 1-2 AM on Saturday morning. A good 16-17 hour day. Go home, get back up and be in at 7 am Saturday morning. And work THAT until midnight.

 

We didn't get shit. We were exempt and were salary employees. They also didn't even offer us "comp time" either. We got hosed.

 

Could we do anything about it? Nope. If you're a salary employee you got paid no matter how many hours you worked.

 

I'm salary and if I work over 40 I get comp time.

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im not salary...i know the management there doesnt get any comp time, which is shitty

 

i feel bad that the company is fucking them, but when theyre fucking everyone else in the company, its even worse

 

im tempted to just call off one day. fuck them. probably monday, so i can have a 2 day weekend, since i think everyone else will call off friday

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Im salary, and im forced to work 10hrs OT every week. If i dont feel like working the 50 hrs, i cant have the insureance or benifits, and i can be fired. But, because in the real world, the rules dont apply to everyone, and I happen to be one of those people. So i work about 42-47hrs a week, get paid a decent amount, and have the best benifits pack that APC has. Im pretty much invincible, as long as i dont steal, or assult anyone else... :D
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i know i wouldnt have an issue finding another job, because i actually went looknig a few months ago and got a couple offers....but with doing collections, i would hate going to a new place, becoming the low man on the totem pole again, and starting at next to nothing every month. where im at now, since ive been there for 2+ years, i come into each month at almost 1/2 my monthly goal, which lets me relax a little bit to get to where i need to be by end of month....hell, a few months ago, i was already bonusing on the 3rd day of the month (on a 22 day month)...so basically any money i got from then on out, i kept X ammt of every dollar i picked up
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Evan if you are interested I can get you in where i work. They have changed most of the managers since the last time you were there. We have flex scheduling so you make your own schedule. As long as you meet your goal you dont have to work any weekends or night if you dont want to. Also, where I work you would just take over someone else's old queue so you get credit for whatever was already set up. Im me when you get a chance. CJ
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i know i wouldnt have an issue finding another job, because i actually went looknig a few months ago and got a couple offers....but with doing collections, i would hate going to a new place, becoming the low man on the totem pole again, and starting at next to nothing every month. where im at now, since ive been there for 2+ years, i come into each month at almost 1/2 my monthly goal, which lets me relax a little bit to get to where i need to be by end of month....hell, a few months ago, i was already bonusing on the 3rd day of the month (on a 22 day month)...so basically any money i got from then on out, i kept X ammt of every dollar i picked up

 

Don't limit yourself to collection's then. Look at the bright side, you have 2+ years of financial experience, that applies to alot of jobs. Alot of jobs that dont neccessarily hold seniority in such high regard. I work in a warehouse a few years ago where seniority was EVERYTHING. Now I work at Chase and seniority only dictates who gets vacation and when.

 

From what you described your working over 40 hours a week and not getting paid OT. Your getting the shaft. Yes you should be happy to have a job and to be doing so well in one but you get to a certain point where if your just not happy or not as happy as you can be then start looking.

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I think it depends if you're "exempt" or "non-exempt". When I worked at Chase at Polaris we were working this project. Normal 40 hours a week. Then, come Friday, we were in there from 8 am to about 1-2 AM on Saturday morning. A good 16-17 hour day. Go home, get back up and be in at 7 am Saturday morning. And work THAT until midnight.

 

We didn't get shit. We were exempt and were salary employees. They also didn't even offer us "comp time" either. We got hosed.

 

Could we do anything about it? Nope. If you're a salary employee you got paid no matter how many hours you worked.

 

My mom works Projects for Chase, though she's considered a contract employee and the contract can supercede the law in any case regarding pay and comp time. They just told her this past weekend that they were behind schedule and getting close to budjet so they should expect to work long days and not neccessarily get paid for it. Though when each project manager is getting paid $65.00 an hour it can make a big difference in whether or not your on budget.

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