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  • Offshore Worker

    I work offshore as a contractor and my crew change has suddenly been moved from Monday to Thursday i am losing 39 hours because my company says the time starts on Monday and ends on Sunday.Should my time since it was changed due to flight schedule should my company start my time on Thursday and end it on Thursday so i get a full week and not lose my overtime?.

  • #2
    I am betting that the whole company has a set payroll schedule. It is extremely disruptive to have one person out of ??? that has a different payroll schedule. Suck it up this time, as there will be another time where you will make up your "missing" hours. Look at it as a mini vacation where you do not have to do anything. Scheduling problems happen. That is just part of life.

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    • #3
      Just to be certain that we are all talking about the same thing, the federal FLSA law defines something called the workweek, which is a fixed 168 hour (24x7) period in time which is unrelated to shifts and schedules and is used to determine if overtime and minimum wage obllgiations are met. While it is theoretically possible for an employer to have more then one workweek, in practice, all employees on the same payroll use exactly the same workweek, and most employers use a single workweek definition for all employees.

      Are you saying that the employer has changed your shfit/schedule? (What the last answer is talking about). Or are you saying that the employer changed the workweek, which is something very different legally?

      My last four employers had many shifts and schedules but all four employers had a workweek ending Sunday midnight for all employees even though none of the shifts/schedules ended then. It is very common and legal to change an employees shift/schedule. It is very unusual for an employer to change the workweek, and there are indeed some rules associated with that.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by DAW View Post
        Just to be certain that we are all talking about the same thing, the federal FLSA law defines something called the workweek, which is a fixed 168 hour (24x7) period in time which is unrelated to shifts and schedules and is used to determine if overtime and minimum wage obllgiations are met. While it is theoretically possible for an employer to have more then one workweek, in practice, all employees on the same payroll use exactly the same workweek, and most employers use a single workweek definition for all employees.

        Are you saying that the employer has changed your shfit/schedule? (What the last answer is talking about). Or are you saying that the employer changed the workweek, which is something very different legally?

        My last four employers had many shifts and schedules but all four employers had a workweek ending Sunday midnight for all employees even though none of the shifts/schedules ended then. It is very common and legal to change an employees shift/schedule. It is very unusual for an employer to change the workweek, and there are indeed some rules associated with that.
        No not my Employer,I work on a production platform running a corrosion crew/Basting/Painting.They have moved our crew change around.Now when i hired on with my company they said we would be working an 84 hour week now that the crew change has been moved it is only a 36 hour check versus the 84 the company i work for owns several other divisions lets say the tank cleaners for instance there time starts when they leave the shop when they arrive on location there time starts But in my division the time is only allowed from Monday to Sunday how can they get paid to were they get a full week check and my crew doesn't ?.

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        • #5
          Originally posted by GotSmart View Post
          I am betting that the whole company has a set payroll schedule. It is extremely disruptive to have one person out of ??? that has a different payroll schedule. Suck it up this time, as there will be another time where you will make up your "missing" hours. Look at it as a mini vacation where you do not have to do anything. Scheduling problems happen. That is just part of life.
          I am not just one person!! i run a 6 man crew and as for the MINI vacation lol i get 7 days off that's the only vacation i need i do however do not need to lose 39 overtime hours !!! and in order to make up 39 hours my time would have to run from Thursday to Thursday.My men was told when hired on as well as myself 6 years ago we would be working a guaranteed 84 hour work week when we was offshore and now they will not honor what they told us we would be getting.So it looks like i will be losing most of my men that has been with me for a long time.Like me they have families and mortgages amongst other bills.

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          • #6
            Originally posted by Gerald66 View Post
            I am not just one person!! i run a 6 man crew and as for the MINI vacation lol i get 7 days off that's the only vacation i need i do however do not need to lose 39 overtime hours !!! and in order to make up 39 hours my time would have to run from Thursday to Thursday.My men was told when hired on as well as myself 6 years ago we would be working a guaranteed 84 hour work week when we was offshore and now they will not honor what they told us we would be getting.So it looks like i will be losing most of my men that has been with me for a long time.Like me they have families and mortgages amongst other bills.
            Is it in writing?

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            • #7
              Originally posted by Gerald66 View Post
              No not my Employer,
              Sorry, but you are wrong. All private sector U.S. employers who are subject to FLSA (which certainly includes your employer) are subject to the workweek rules.


              Originally posted by Gerald66 View Post
              But in my division the time is only allowed from Monday to Sunday how can they get paid to were they get a full week check and my crew doesn't ?.
              We are now over to GotSmart's last question. This is an oversimplification but basically there are two sorts of labor law. Statutory labor law like FLSA is imposed on employers/employees by the government. That is why I am certain that your employer is subject to the workweek rules because all employers under FLSA (which is pretty much all employers) are subejct to the workweek. However the second type of law is contract/common law, which is agreements between parties. Such agreements cannot make satututory law go away but can add requirements in addition to statutory law requirements. FLSA requires payments based on actual time worked. If you or some other crew is getting pay for time not worked that is NOT a statutory labor law requirement, but may or may not be a contract/labor law requirement.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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