fastreddie2
09-12-2008, 01:52 PM
I currently work for a company for three and a half years. The guy has always been a crook, however with our economy ive stuck it out. I was asked to work on a saturday this week end and thought hey, overtime is always good. I was leaving friday and they asked for my time card. I said, no im working tomorrow so ill put it in monday . My boss (The owner) says no saturdays go on the following weeks check. Is this legal? Two years ago he told us he paid sunday to saturday as we were working a lot of overtime. Our time cards start with monday? I have heard several things from this guy, and they change to meet his advantage. We have a history of working 50 hours a week, then the next we work 20. I am a crew leader and know we only have 20 hours scheduled for next week, give or take. Is this legal? Is there any help? We wont even talk about the tax evasion hes pulling with our perdeim money. I just want to support my family, but this guy makes it up as he goes, from day to day. I tried looking up labor laws, however am not educated like im sure many people here are. I know you dont owe me anything, but I would sure appreciate your advice and be very greatful, Doug
ElleMD
09-12-2008, 02:00 PM
As long as he is consistent, yes he can change the work week. He can't do so every other week, but just because once upon a time he used Sunday-Saturday, doesn't mean he is stuck with it forever.
fastreddie2
09-12-2008, 02:08 PM
Thank you for your response, I greatly appreciate it. I guess there is no protection from people like this, Thanks michigan. He is inconsistent, it changes regularly, but we have no procedures in wtriting. I guess i am soon to be unemployed. Thanks again, Doug
Thank He is inconsistent, it changes regularly, but we have no procedures in writing.
Just to be clear, while yes the workweek can be changed, the workweek cannot be change regularly. Under federal law (FLSA) there is a legal intent that the workweek tend to be very fixed over time and that there is a fairly formal procedure regarding overtime calculation during the change over every time the workweek does change. It is not legally possible to avoid overtime solely by changing the workweek definition.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.301.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.302.htm
One other thing. Sometimes people say workweek when they mean shifts or schedules. My last 4 employers all had a workweek that ended Sunday midnight. Collectively however these employer had dozens of shifts and schedules, none of which ended Sunday midnight. I have heard from literally hundreds of employees over the years who felt that shifts, schedules and workweeks were all the same thing and legally each and every time their shift/schedule changed that the employer must change THEIR workweek to match THEIR schedule. This is simply not what the law said.
I am not certain from the OP's post if the issue is changing the workweek or changing the shift/schedule. Changing the workweek is an action with severe legal restrictions. Changing shifts/schedules is not.