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View Full Version : Required to stay over shift, but nocompensation? Arizona


Karnage
06-18-2007, 02:23 AM
NEED ASSISTANCE IN ARIZONA!

1. I work for a County Detention Facility in Arizona. We are required to stay over to do reports that have to be done on the company based system. However, we aren't allowed to have any Overtime. The only time we can get to these systems is at the end of the shift. However, we aren't allowed to get "comp" time for working over. The County Board of Supervisors has decided our department is NOT allowed to accumulate ANY overtime whatsoever. We are given "comp time" that takes us weeks to be able to get it used, and then, we don't get all of it. Superviors are required to be there 15 mins prior to shift, have to sign off reports, etc. We basically volunteer our time by hours each week, and get nothing from it.

2. Our Merit Rules state that they will only pay out 400 hours of PTO. We are not allowed to take PTO 80 days a year due to shif rotation (quarterly rotation, no pto 10 days prior/after rotation date) Also, it's nearly impossible to get time off due to staffing concerns. I have almost 500 hours pto accumulated, and whenever I put in for time off, it is denied, but they do not give us the paperwork back, just tell us it is denied. Is there any legal ramification to not paying out all pto earned when we aren't allowed to take it?

Anyone out there know where I can get information on assistance with these issues? Any help is appreciated!

Signed,
Frustrated in Mohave County

Pattymd
06-18-2007, 04:48 AM
They can't FORCE you to accrue comp time in lieu of overtime pay unless this is negotiated in your union contract or you have an agreement or understanding between you and the employer.

Directly from the Fair Labor Standards Act:

A public agency may provide compensatory time under paragraph (1) only -
(A) pursuant to - (i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the public agency and representatives of such employes; or (ii) in the case of employees not covered by subclause (i), an agreement or undersanding arrived at between the employer an employee before the performance of the work.

http://www.dol.gov/esa/regs/statutes/whd/0002.fair.pdf

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