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forced to work overtime and payed using one's own vacation pay Pennsylvania

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  • forced to work overtime and payed using one's own vacation pay Pennsylvania

    Any advise on this situation would be greatly appreciated:

    Workers paid hourly in the engineering and maintenance department of a large institution.
    Institution has a limited and dwindling budget. Institution claims to not have budgeted enough money to pay maintenance employees.
    Institution requires at least one mechanic (HVAC mechanic, electrician, or plumber) to work overnight shift to handle maintenance emergencies (i.e. fixing broken pipes, fixing blown electrical). Mechanics take turns taking the night shifts. Available mechanics to work these shifts is dwindling due to injuries among employees. Mechanics are working more than 40 hours per week. Mechanics work on average of 48-56 hours per week.
    Mechanics are getting their vacation hours deducted in order to pay the employees for these overtime hours because the institution only budgeted enough to pay employees 40 hours per week.

    According to PA and Federal labor law,
    Is it legal to take away vacation hours to pay people?
    Is it legal to take away vacation hours if the worker's contract states that the worker is allowed a certain amount of vacation hours per year?
    Is it legal for mechanics to be denied "time and a half" for overtime hours worked?
    Last edited by sullivjo; 02-21-2011, 02:36 PM.

  • DAW
    replied
    The federal DOL does not care even a little bit about vacation/PTO. Ever. For any reason.

    PA is not my state, but states (mostly) do not care about vacation in the sorts of situation you mention. Someone will jump in if I am wrong about PA.

    Overtime is a federal rules that non-profits are not excepted from. If you work overtime, you must be paid overtime. (Possible exception for governmental employers. Which you are not.). If the employer (any employer including non-profits) does not want to pay for overtime, then the employer is required to prevent people from working the overtime in the first place. None of the "excuses" you mentioned on the employer's behalf are legally significant.
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

    Leave a comment:


  • sullivjo
    replied
    Originally posted by DAW View Post
    Also, is the "institution" governmental in nature?
    No, the institution is a very large non-profit.

    Leave a comment:


  • sullivjo
    replied
    Originally posted by Pattymd View Post
    Before we go any further, I want to make sure I'm clear. Are they actually getting cash for the overtime, and their vacation balance is being decremented?

    Contract? Are these union employees?
    They are getting paid for the overtime at their regular rate, not time and a half.
    Their vacation balance is being decremented.
    They are not union employees.

    Leave a comment:


  • DAW
    replied
    Also, is the "institution" governmental in nature?

    Leave a comment:


  • Pattymd
    replied
    Before we go any further, I want to make sure I'm clear. Are they actually getting cash for the overtime, and their vacation balance is being decremented?

    Contract? Are these union employees?

    Leave a comment:

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