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PA - employer manditory "flex" time for on-call weeks Pennsylvania

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  • PA - employer manditory "flex" time for on-call weeks Pennsylvania

    Hi,

    Here are the details of a situation that my husband is currently facing. Hourly employees eligible for overtime work a fixed schedule Mon through Fri weekly. (7:30 - 4:00) with the pay period being Sunday to Saturday. They are required to do one on call week in a set rotation. On Call weeks run Friday to Thursday. The employer is forcing the employees to take one "flex" day off (Mon, Tues, Wed, or Thurs) prior to the start of the on call week so they do not have to pay overtime for time worked on Saturday if they are called in.

    Is this legal?

    Thank you for your help

  • #2
    If your husband is a non-exempt employee, his employer is required to pay him for all hours worked. Labor law does not address when an employer can and cannot schedule an employee and for how long, with very limited exceptions (airline pilots, minor children, etc.). What your husband's employer is doing is perfectly legal.

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    • #3
      Agree, the employer can schedule the time/days worked each week so OT does not
      have to be paid. It's perfectly legal.
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      • #4
        Although the employee has a guaranteed right to be paid overtime WHEN WORKED, he does not have a guaranteed right to work overtime. Schedules are always at the opt of the employer. It is 100% legal to adjust schedules so that an employee does not work over 40 hours a week.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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