Announcement

Collapse
No announcement yet.

Overtime

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Overtime

    I work for a private high school in western Massachusetts. My question is this if you were called in to work on a sunday, a scheduled day off, to work overtime over 40hrs. Then were told the next day to go home because they wont pay you the overtime is it legal? To work over 40hrs and not get paid for it.

  • #2
    A couple of questions:

    What is your job description and what do you do?

    Is the school a "non-profit school or college"?
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

    Comment


    • #3
      Originally posted by CompensationCounsel
      A couple of questions:

      What is your job description and what do you do?

      Is the school a "non-profit school or college"?
      I work on the grounds crew we are required overtime. It says it in our job desciption overtime requried. We were called in for snow removal on a sunday were expecting to get overtime but were told to take the time off during the work week. It is a non-profit school high school age.

      Comment


      • #4
        Generally speaking, that is legal, as long as it occurs in the same workweek. For example, if you worked 8 hours at overtime pay and 1.5 your regular hourly rate, then were called off for 12 hours of regular time, that would be the same amount of gross pay that you would normally receive.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          One other thought here might be to explore the Blue Laws, although a court would probably find that your circumstances fit the following exception:

          The Blue Laws do not prohibit "The making of emergency repairs for the purposes of immediate and necessary protection of persons, or property including realty, or the towing of any motor vehicle or boat for such purpose." (MGL c.136, s.6) Arguably, this would include snow removal, which means they can require you to work on Sunday.

          And, since you're work is not retail (and doesn't appear to fit any of the relevant inclusions), they don't have to pay you time-and-a-half for that Sunday work, unless it's over the 40 hr./wk. limit.

          Lastly, the law doesn't require employers to provide overtime hours. Which means that your sole argument may be that you either are entitled to show-up pay (if you showed up for the day and then were told to leave). Or, you might have a contract claim for a certain number of hours, if they told you that you'd be requried to work Monday - Friday. Your claim would be that you were contractually obligated to work those days, so even if they didn't have work, they still had to pay you.

          but...that's a very tough argument to win, and you'll need good paperwork to prove it.

          Hopefully, that gives you some useful additional background.

          Phil
          This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

          This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

          Comment

          Working...
          X