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wage reductin legal? Massachusetts

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  • wage reductin legal? Massachusetts

    I work under Union Contract for a Municipality. Can my employer (City) reduce my hours and not pay overtime worked after the hours were worked. Simplified, My standard contract work hours was 40 hours a week, bi mo. pay of 80 hours and overtime paid at 1 1/2 x base. After working two 40 hour work weeks a notice was sent to reduce my work week (temporally) to 35 hours a week until my Union signed an agreement to cover my bargained position. Now the employer paid 90 hours straight time in place of the ten that would be considered as OT under the reduced week and refuses to see the error.
    Last edited by Pedro.pedro; 10-01-2006, 02:15 PM. Reason: sp ck

  • #2
    Contract or not, you still must be paid 1.5 times your regular rate of pay for hours worked in excess of 40 in a workweek. Have you spoken to the union representative about your overtime pay for time already worked?

    OTOH, I can understand cutting your hours until your position is covered in the contract. I'm in municipal government too, and that is not unusual. Besides, the union contract, I'm nearly positive, does not guarantee you overtime; it just says that overtime (when it IS worked) is paid at 1.5, which the law requires anyway.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      overtime payments

      Pattymd,
      Thank you for your responce. My Union is attempting to clarify this with the Mayor (who is the executive Officer of the 'City"). My AFSCME 'Contract' states 'Overtime after 40 hours',and my job discription states 'must work OT as required", but a situation exists where O.T. is paid after 35 hours worked because of regular work week concessions. When I worked out of City Hall, I was paid time and a half for over 35. A quick transfer to another building where AFSCME works 40 hours per week now means 40 hours worked plus O.T. after 40. BUT....the Mayor cut my paid hours to 35 (until the agreement was signed) leaving me working 80 regular hours / 15 OT hours and getting paid for 90 regular hours and 5 OT? after the fact the pay was changed, meaning that I was not given the choice of taking the regular pay or refusing by seniority to work the hours at any pay. I'm looking for a law, rule or governing direction to present to the Union to light a fire under them. This could be a standard rule if any administration gets it recognised as past pratice.
      Where would I find copies of this "is paid at 1.5, which the law requires anyway"?
      Last edited by Pedro.pedro; 10-02-2006, 03:37 PM.

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      • #4
        http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thank you!

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