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View Full Version : Scheduling to avoid paying OT rates-New Jersey


pan465
07-06-2006, 05:04 PM
I just wanted to check about this though I already am figuring I'm stuck with the situation.
The company I work for used to pay us for OT even on weeks with a paid holiday. Though they did for a holiday or 2 in 2006, they then realized that they didn't need to and so we were told we no longer were going to be able to get paid the OT 1.5 x rate. Now I find that I am getting scheduled a workload that requires extra hours, but it's being put in during holiday weeks. The example is I do some road work where driving throughout the state is involved. This week had the 4th of July holiday, off and paid, but today I was scheduled a route that gave me a 12 hour day (our standard working day is 8 hours and no overtime allowed unless we are told). The bosses knew the route would not be completed in an 8 hour day (I have a 40 hour work week with OT over 40 hours) and also know that they don't need to then pay me the OT which is accrued at the end of the week. Is there anything I can say or are they just able to work the system to their whim? Thanks for any help.

cbg
07-06-2006, 06:34 PM
Unless you are in one of the very few states that requires overtime calculated on a daily basis, and you are not, then short of a bona fide contract or policy that says otherwise there are no circumstances in which you are entitled to overtime for anything under 40 hours in a workweek.

Regardless of what state you are in, there are NO circumstances short of a binding contract or policy that says otherwise in which you are entitled to have vacation, sick, holiday or other paid leave included in your overtime calculations.

The employer is not under any legal obligation to allow you to work over 40 hours a week. What hours you work and whether to allow overtime is his opt, not yours. Again, short of a binding contract or policy to the contrary.

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