Larry
09-19-2004, 08:16 PM
This question is concerning which state labor laws am I covered by?
The corporation I am employed by was incorporated in the state of Delaware, our Headquarters are in California, my immediate supervisor’s office is in Massachusetts, and I work from my home office in Maryland.
Let me expand on the home office for a moment.
Technically I work from my home, actually I’m basically never there. I travel quite a bit and spend most of my working time on my customer’s site performing repairs or maintenance on the equipment they purchased from my employer. So actually I work in every state on the eastern seaboard along with some Provinces in Canada. However I do pay my income taxes to the wonderful state of Maryland.
Now that the background is done here’s the situation that led to this question. In the companies employee handbook it states that, any non-exempt employee who works more than 12 hours in one day will be paid double time for those hours over twelve. A few months back I worked 15 hours in one day and 16 another. So I was expecting to be paid 7 hours double time. When I was paid only time and half I called to inquire as to why.
I was informed that the double time law only applies to California employees. Since I live in Maryland I have to follow Maryland labor laws which do not require the payment of double time. Well actually at the time I worked the 15 hours I was in North Carolina and the 16 hours was spent in New York.
First of all it does not mention anything about only applying to California residents in the handbook. Second of all wouldn’t it be highly unusual for a company to have 50 separate overtime policies? I would think so! So who’s overtime policies should I be covered by? The State my company is headquartered in, the State I live in , the state I’m working in at the time, or maybe it should be the policy written in the companies employee handbook, wouldn’t that be a novel idea? :confused:
I’m looking for another opinion on this and would like to know yours.
The corporation I am employed by was incorporated in the state of Delaware, our Headquarters are in California, my immediate supervisor’s office is in Massachusetts, and I work from my home office in Maryland.
Let me expand on the home office for a moment.
Technically I work from my home, actually I’m basically never there. I travel quite a bit and spend most of my working time on my customer’s site performing repairs or maintenance on the equipment they purchased from my employer. So actually I work in every state on the eastern seaboard along with some Provinces in Canada. However I do pay my income taxes to the wonderful state of Maryland.
Now that the background is done here’s the situation that led to this question. In the companies employee handbook it states that, any non-exempt employee who works more than 12 hours in one day will be paid double time for those hours over twelve. A few months back I worked 15 hours in one day and 16 another. So I was expecting to be paid 7 hours double time. When I was paid only time and half I called to inquire as to why.
I was informed that the double time law only applies to California employees. Since I live in Maryland I have to follow Maryland labor laws which do not require the payment of double time. Well actually at the time I worked the 15 hours I was in North Carolina and the 16 hours was spent in New York.
First of all it does not mention anything about only applying to California residents in the handbook. Second of all wouldn’t it be highly unusual for a company to have 50 separate overtime policies? I would think so! So who’s overtime policies should I be covered by? The State my company is headquartered in, the State I live in , the state I’m working in at the time, or maybe it should be the policy written in the companies employee handbook, wouldn’t that be a novel idea? :confused:
I’m looking for another opinion on this and would like to know yours.
