XChris1632X Posted July 2, 2008 Report Share Posted July 2, 2008 Long story short, I am a diesel mechanic and about a year or so ago at my job they came up with a theory that in our profession you can work as many hours as needed and not recieve overtime pay if the employer doesn't want to pay it. Now at first we all thought that meant if we wanted some hours after our 40 that we could have them and just work for straight pay. A couple days ago my boss told some co-workers they needed to start coming in six hours early on wed and if they didn't he was going to change their schedule to make it mandatory. They don't want to come in early and they will only be making straight pay for the extra time. Can anyone verify any of this? Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 2, 2008 Report Share Posted July 2, 2008 Clearly against the law. If your boss wants to change the schedule he may, however he must pay someone for any time he demands they work or stand by for work, unless they are considered salaried exempt. If someone is required to work 10 hours in a day, they must be paid for 10 hours. The only exception is if they are using flex time which must be used within the same week. Example: work 10 hours a day for 4 days and then get the rest of the week off. Paid for 40 hours. I will find the law that applies for you. Edit:according to FSLA, overtime pay at 1.5 times you hourly rate is required over 40 hours. Stay tuned for updates. Edit Pt.2: Link 1 Quote Link to comment Share on other sites More sharing options...
AJ Posted July 2, 2008 Report Share Posted July 2, 2008 unless they are flat rate, then the law doesn't apply to over time and they can make you work how ever many hours they want. Quote Link to comment Share on other sites More sharing options...
XChris1632X Posted July 2, 2008 Author Report Share Posted July 2, 2008 This all came about a year or so ago when we had a big meeting and said overtime was being cut. One of our other Mechanics didnt want to loose his hours so he brought up the fact that he knew of a law that exempted mechanics from overtime and that they didn't have to pay us overtime if we wanted to work extra. After a little research by our employer, this went into effect. Quote Link to comment Share on other sites More sharing options...
justinwebb Posted July 2, 2008 Report Share Posted July 2, 2008 yea my job likes to go back later when doing our time cards and change the times so we dont get as much overtime which is illegal i think. They shorted me out of 6 hrs last pay check Quote Link to comment Share on other sites More sharing options...
Buck531 Posted July 2, 2008 Report Share Posted July 2, 2008 yea my job likes to go back later when doing our time cards and change the times so we dont get as much overtime which is illegal i think. They shorted me out of 6 hrs last pay check umm.. yeah.. that's kinda.. wrong. Quote Link to comment Share on other sites More sharing options...
Twistedrx7 Posted July 2, 2008 Report Share Posted July 2, 2008 my employer does not pay for overtime sometimes. If you come in early you do not get the overtime. if you stay over a few minutes you do not get overtime. The OT has to be approved overtime. we can come in 15 minutes early each day to get 15 minutes of OT a day. Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 2, 2008 Report Share Posted July 2, 2008 unless they are flat rate, then the law doesn't apply to over time and they can make you work how ever many hours they want. This is only true if you are considered Salaried Exempt. There are qualifications that need to be met before an employer can pay you exempt wages. 1 Quote Link to comment Share on other sites More sharing options...
MrMeanGreen Posted July 2, 2008 Report Share Posted July 2, 2008 Eli knows. Trust me on this. Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 2, 2008 Report Share Posted July 2, 2008 my employer does not pay for overtime sometimes. If you come in early you do not get the overtime. if you stay over a few minutes you do not get overtime. The OT has to be approved overtime. we can come in 15 minutes early each day to get 15 minutes of OT a day. This is wrong as well: Application of Principles: Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable. 1 Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 2, 2008 Report Share Posted July 2, 2008 Eli knows. Trust me on this. So does Anthony. 1 Quote Link to comment Share on other sites More sharing options...
Twistedrx7 Posted July 2, 2008 Report Share Posted July 2, 2008 interesting. Im sure if i complain about it i wont have a job anymore Quote Link to comment Share on other sites More sharing options...
MrMeanGreen Posted July 2, 2008 Report Share Posted July 2, 2008 interesting. Im sure if i complain about it i wont have a job anymore That's a distinct possibility. Then turn around and sue them. I know, it happened to me. I just can't disclose details. Quote Link to comment Share on other sites More sharing options...
Twistedrx7 Posted July 2, 2008 Report Share Posted July 2, 2008 Hire at will state. I would think it would be hard to prove. They would just find a small detail that i made a mistake on and fire me. Long and costly im sure for a trial. BTW what company was it? Quote Link to comment Share on other sites More sharing options...
cptn janks Posted July 2, 2008 Report Share Posted July 2, 2008 interesting. Im sure if i complain about it i wont have a job anymore dont complain to your boss. complain to the ohio division of labor. they will do an investigation and if they determine that your employer has been screwing you, they will be required to pay EVERYONE overtime that they screwed over. Quote Link to comment Share on other sites More sharing options...
BloodRed Posted July 2, 2008 Report Share Posted July 2, 2008 dont complain to your boss. complain to the ohio division of labor. they will do an investigation and if they determine that your employer has been screwing you, they will be required to pay EVERYONE overtime that they screwed over. 2x Quote Link to comment Share on other sites More sharing options...
XChris1632X Posted July 3, 2008 Author Report Share Posted July 3, 2008 maybe I will get in contact with the ohio division of labor and see what they have to say about my little situation. Quote Link to comment Share on other sites More sharing options...
tristanlee85 Posted July 3, 2008 Report Share Posted July 3, 2008 Are you salary? I didn't see it mentioned above. If that's the case, you are a little screwed from the investigation I've done. I've recently been working 8am to 7pm M-F and 9am to 5pm Sat - Sun. 75 hours and I don't see an extra dime and aside from getting a new job, I'm screwed because apparently there isn't anything illegal about what they are doing. Quote Link to comment Share on other sites More sharing options...
XChris1632X Posted July 3, 2008 Author Report Share Posted July 3, 2008 nope, hourly. Quote Link to comment Share on other sites More sharing options...
tristanlee85 Posted July 3, 2008 Report Share Posted July 3, 2008 Well in that case... Quote Link to comment Share on other sites More sharing options...
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