shoegal91202
10-05-2005, 10:01 PM
I am in the banking industry and they recently changed our work week to start on Saturday to Friday. Now the bank is closed on Sun and they are working us 8 hours Monday thru Sat and not giving me a day off until the follwing week and not paying me overtime for the 6th day I am working because that Sat falls on the next work week. So I am off Sat and Sun in the work week but work Monday thru Saturday which is 6 days straight and have Sunday off and then usually a Weds off in the next week for the previous week....I have also been scheduled Sat off Sun and worked Monday thru Sat and told not to sign that I worked Sat on my timesheet. I am a single mom and need my job and my boss when I asked why I was asked to falsify my timesheet basically told me how dare I complain when every 3 months I get a good bonus.....is this changing the workweek to manipulate not paying overtime that is due legal??? I have worked for the company for 7 years and this is the first time I have ever ran into this problem
Pattymd
10-06-2005, 12:24 AM
Changing the workweek ONCE is not illegal, no matter what the reasoning. However, as a matter of law, during the changeover period, the employer must calculate pay based on each workweek and pay the employee the higher of the two calculations. It is only illegal if the employer continues to change the definition of the workweek multiple times in order to avoid paying overtime. Unless I am misunderstanding your post, they are not doing that.
Having said that, though, they still must pay overtime when you work in excess of 40 hours in the workweek. The 6th day in a row only has special meaning (other than exceeding the 40 hours) in a very few states, California being the one that comes immediately to mind.
If you are not receiving the overtime due, in most states, you can file a claim for unpaid wages with the state Dept. of Labor. And if you are fired because you filed, you can add a claim of wrongful termination.
What state do you work in?
shoegal91202
10-06-2005, 08:25 PM
I work in the state of California. I forgot to also mention that I am scheduled to work Monday thru Saturday and not given a day off til the following week but other employees that work the same schedule are given a day off during that same week so there is no 6 days in a row worked for all just some of us which i feel is unfair as if this is the company policy it should be for all full timers and the manager is making this decision on who works 6 days and who gets a day off during the same week . As an example so i get clear under standing here was my schedule for the last 2 weeks..notice the 6 days in a row but the work week changed so the 6th day falls on the saturday in the new week therefore not considered o/t according to the company's new work week change.
SAT SUN MON TUES WEDS THURS FRI
9/24 9/25 9/26 9/27 9/28 9/29 9/30
wk off wk wk wk wk wk
wk off wk wk off wk wk
SAT SUN MON TUES WEDS THURS FRI
10/1 10/2 10/3 10/4 10/5 10/6 10/7
Pattymd
10-07-2005, 12:11 AM
Well, it is not illegal for some employees to work 5 days and some 6. It may be unfair, but not illegal.
Regarding the 6th day of work and overtime, they are legally correct. Since the 6th day fell in the next work week, it is irrelevant. In California, the only special signifigance of working 6 days in a row in a work week is that over 8 hours on the 6th day is automatically overtime, regardless of how many hours worked in the workweek.