NoHoosier
02-21-2006, 04:36 PM
I am employed with a company where a majority of its employees are on 8-hour shifts, 5/2 workweeks. In my department however, we are 10-hour employees, 4/3 workweeks.
We are given 6 holidays and 2 “floating” holidays during the year. Since our operation never shuts down we are given the option to defer the holiday if we want, up to 90 days after. We are only paid 8 hours for the holiday thus giving us a 38 hour pay week.
We are also paid time and a half for the first day off worked and double time for the second and third day off that we work.
The problem comes when an employee works overtime in a week where they take a holiday and end up with 38 hours. If we only have 38 hours, the company will take 2 hours of our overtime day and tack it onto the 38 to make 40 hours. We are then paid for only 8 hours of overtime. In addition, if we happen to work a second day, that time is then paid at time and a half instead of double. The same happens to the third day.
The company will not allow us to come in and work two hours on the day that we are taking for the holiday, even though that would be our regular day to work. If we want to protect our overtime pay, the company makes us take vacation time to fill that 2-hour gap. If we do not do that, the company codes our timecard for those two hours as “time off without pay” which affects our overtime pay.
My questions are these: If they require us to have 40 hours before overtime can be paid, can they tell us we can’t work the two hours on the day we use as the holiday so we can have a full 40? Is it legal for them to code our time card as “time off without pay” when they are the ones telling us we cannot work those two hours?
Thanks.
We are given 6 holidays and 2 “floating” holidays during the year. Since our operation never shuts down we are given the option to defer the holiday if we want, up to 90 days after. We are only paid 8 hours for the holiday thus giving us a 38 hour pay week.
We are also paid time and a half for the first day off worked and double time for the second and third day off that we work.
The problem comes when an employee works overtime in a week where they take a holiday and end up with 38 hours. If we only have 38 hours, the company will take 2 hours of our overtime day and tack it onto the 38 to make 40 hours. We are then paid for only 8 hours of overtime. In addition, if we happen to work a second day, that time is then paid at time and a half instead of double. The same happens to the third day.
The company will not allow us to come in and work two hours on the day that we are taking for the holiday, even though that would be our regular day to work. If we want to protect our overtime pay, the company makes us take vacation time to fill that 2-hour gap. If we do not do that, the company codes our timecard for those two hours as “time off without pay” which affects our overtime pay.
My questions are these: If they require us to have 40 hours before overtime can be paid, can they tell us we can’t work the two hours on the day we use as the holiday so we can have a full 40? Is it legal for them to code our time card as “time off without pay” when they are the ones telling us we cannot work those two hours?
Thanks.
