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Hourly employee given comp time Oregon

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  • Hourly employee given comp time Oregon

    I was fired Friday 2/1/08 from an a position where i was paid hourly. I had traveled to Seattle for an overnight work trip in the fall of 2007 and to Oakridge in January of 2008 and was told by my supervisor that I would receive comp time instead of the overtime I shoul dhave received. From what I have read so far this was illegal. I had not used either comp day and my supervisor included 8 extra hours (not overtime) on my final paycheck stub for the Oakridge trip (the Seattle trip had been forgotten). I am saying paycheck stub because that is all I have received so far, I did not received the direct deposit yet. When I mentioned the Seattle trip at the time of my firing, my supervisor said I would receive an adjustment. Can I sue over more than just the unpaid overtime. Ironically enough, my supervisor fired me for putting the company at risk for supposedly not putting down all the overtime I was working. While the reason I was fired was bogus I understand that "unfair is not illegal", but breaking a labor law is. Can I sue for any damages (like my 401k match that got flushed)?
    Thanks for any advice, Mike

  • #2
    Are you sure the travel was considered hours worked for which the law requires you be paid?
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.39.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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    • #3
      Yes, I should have been paid.

      I normally worked 9:00am to 6:00pm Monday thru Friday. For the Seattle trip I met my boss at work at 2:00pm on Sunday and we drove up to Seattle in one of the company cars. We returned to Portland on Monday after 7:00 (after being on site before 9:00 that day). The Oakridge trip I went by myself, arriving at work at 5:30AM on a Wednesday to pick up a company car and arrive at the Oakridge location by 8:00AM and working until 5:30pm. Spent the night in Oakridge, was back on sight by 7:45 the next morning and worked until 6:00pm, then drove back to work in portland that night to pick up my car, about 8:30pm. Was told to only put down 8 hours on my timecard and to take a comp day in return. Seems pretty clear cut to me. Am I seeing this incorrectly?

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      • #4
        Originally posted by Mikeneedsadvice View Post
        I normally worked 9:00am to 6:00pm Monday thru Friday. For the Seattle trip I met my boss at work at 2:00pm on Sunday and we drove up to Seattle in one of the company cars. We returned to Portland on Monday after 7:00 (after being on site before 9:00 that day). The Oakridge trip I went by myself, arriving at work at 5:30AM on a Wednesday to pick up a company car and arrive at the Oakridge location by 8:00AM and working until 5:30pm. Spent the night in Oakridge, was back on sight by 7:45 the next morning and worked until 6:00pm, then drove back to work in portland that night to pick up my car, about 8:30pm. Was told to only put down 8 hours on my timecard and to take a comp day in return. Seems pretty clear cut to me. Am I seeing this incorrectly?
        For the Seattle trip, I see from 2 PM to 6 PM (or end of trip, whichever is earlier) as paid time.

        The Oakridge trip is different. You were driving, so the entire time driving gets paid, plus the work time, of course.

        Comp time is not legal in the private sector.
        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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        • #5
          No you can't sue over the 401K. At best you can recoup the OT that is due to you. As we are talking about just a few hours here, it isn't worth hiring a lawyer. Just file a claim with the DOL.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            No Repercussions?

            If a company knowingly breaks the law in regards to comp time instead of over time, they donít have to face any consequences beyond paying me some owed overtime?

            And thanks for the very fast advice!

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            • #7
              Only if the DOL sees fit to impose it. Frankly, for less than a day's worth of hours, I'd be highly suprised if the DOL ordered anything more than that the time be paid. This is particularly true when it is a situation like travel where it is very believeable that they simply misunderstood what ws required.

              Since you were paid 8 hours for Oakdale and only drove 5, it appears you were paid the equivalent of time and a half and then some. The only part they would owe you for would be the time you rode from Seattle to Portland, which would be 2-3 hours.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Still confused

                I was told to put down eight hours for both days when I worked eleven and a half hours the first day and over twelve hours the second. No misunderstanding, I was asked not to put down the overtime in exchange for comp time. My boss purposely violated the labor law and was witnessed doing it. And I have nothing but the DOL?

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                • #9
                  What exactly are you looking for here? No, comp time is not allowed except in the public sector. It seems you have some sort of vendetta against your employer that goes way beyond this. Since you were paid straight time for the hours you worked less travel, the only time you are due is what you were not paid for the travel time. You were compensated for some of that. That leaves you a few hours not paid. Sorry but the DOL is not going to bring out the heavy artillery over this. Any sanctions imposed would be payable to the DOL/BOLI, not you.

                  http://www.oregon.gov/BOLI/WHD/W_Whhowinf.shtml
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    You are making the mistake of assuming that the employer understands and deliberately chose to violate the law regarding travel time.

                    You are ignoring the very real possibility that he does not understand the law and made an error out of ignorance.

                    Not everyone fully understands how the laws for travel time works. They are very complicated and not even all HR professionals always get them right. That's why I leave such questions to the Payroll people. Doing it wrong does not mean a deliberate violation. Sometimes a mistake is just a mistake.
                    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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                    • #11
                      Thanks

                      Vendetta is exactly right, and seemingly not for me. Thank you for your advice adn haev a fantastic day, Mike

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