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Working hours not scheduled Oregon

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  • Working hours not scheduled Oregon

    What if an employee who's work position depends on the number of clients per day, decideds "because they want to make more money" stays on shift knowing that they are needed to work.

    If the employer is not on the job site and the employee stays when not needed, then puts down the time on their time card is the employee required to pay that person?

  • #2
    If the position is correctly classified as non-exempt under FLSA, then the worker must be paid for all time physically worked. Non-exempt workers qualify for overtime.

    Please keep in mind that if the boss says you may not work past a certain time and you do, you may be disciplined (including termination). The discipline may not be in the form of withholding pay.

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    • #3
      working hours not scheduled

      To clarify this particular workplace does not have more than 9 workers. So they do not qualify for FMLA etc.....

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      • #4
        FLSA = Fair Labor Standards Act
        FMLA = Family Medical Leave Act

        They are two different things. My response was specific to FLSA.

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        • #5
          working hours not scheduled

          Oh I understand but not clearly. Why would an employer pay an employee for hours that they were not supposed to work? And how would an employer rectify this situation so the employers is not paying out wages for work that is not needed?

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          • #6
            Originally posted by amrie View Post
            Why would an employer pay an employee for hours that they were not supposed to work?
            If the employee works, the employee gets paid, even if the employee decided to show up on his/her own without being called in. You may discipline the employee for working without authorization. That would include firing them.

            Originally posted by amrie View Post
            And how would an employer rectify this situation so the employers is not paying out wages for work that is not needed?
            See above.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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