My boyfriend works for a small company that does not offer any over time pay. When they go over the 40 hours for the week it is considered to be "comp time", which is basically accrued PTO. Is that legal?
:confused:
Also, whenever there is a job out of town that requires staying in a different city for a matter of days there is no per diem. Is that illegal? Or just bad business practice?
Betty3
07-22-2008, 12:37 AM
Is your boyfriend an exempt or non-exempt employee? Does he work for a private employer or for a government agency? (What type of business is this that he works for though don't give actual name of employer - just the type of business.)
Thanks.
My boyfriend is a non exempt employee. He works for a private employer at an excavation company. Although the owner recently took on another addition doing steel buildings, which is mostly where the travel comes in.
Also, when my boyfriend was doing excavation his boss would have him "clean up a job" for free. Most of the time these were sites that were initially done (and messed up) by someone else and my boyfriend gets the short end of the stick by having to fix it and not get paid.
Pattymd
07-22-2008, 09:39 AM
Assuming that this employer is subject to the FLSA (not impossible, but not probable either):
http://www.dol.gov/elaws/esa/flsa/scope/screen9.asp
Accordingly, he must be paid overtime at 1.5 times his "regular rate of pay" (which is a calculated rate but, if he is paid just by the hour without multiple hourly rates, commissions, premiums, etc., it would be the same).
http://www.dol.gov/dolfaq/go-dol-faq.asp?faqid=320
He cannot "work for free".
Neither can a private employer provide compensatory time in a subsequent workweek in lieu of cash for overtime pay.
http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf
Any travel between job sites during the work day is compensable.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.38.htm
Generally speaking, from home to the first job site of the day and from the last job site of the day to home is commute time and is not compensable.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.35.htm
