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12 hour shifts in texas Texas

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  • 12 hour shifts in texas Texas

    we work 12 hour shifts and we work rolling 4 meaning 4 days on 4 off
    and come back to 4 overnights. we work 48 hours in a period,we are told
    that if we work friday,saturday,sunday and monday we dont get the overtime due to monday going into the next week.We are told the workweek is monday to sunday.So we work example Wednesday,thursday,friday,saturday
    days then off sunday,monday,tuesday,wednesday then work thursday, friday
    saturday,sunday nights ,then off monday,tuesday,wednesday,thusday.Know
    we come in work friday,saturday sunday and monday which is 48 hours however with monday starting the new week we dont get the overtime
    even though we worked 4 days 12 hours each in a row.Is this
    legal to do...thanks shiftworker
    Last edited by shiftworker; 03-20-2009, 05:49 AM.

  • #2
    There is nothing illegal about having a workweek that runs Monday to Sunday. They cannot change the workweek from work to week to prevent you getting overtime, but nothing in the law says the workweek has to run Sunday to Saturday.

    Besides, if that schedule is consistant a workweek of Monday, Friday Saturday and Sunday with 12 hours on each day would still result in overtime.

    Please note: It is legal to change your SCHEDULE to avoid you going over 40 hours in the workweek. It is not legal to change the workweek after you have already worked the hours in order to make hours already worked not be overtime.
    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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    • #3
      Agreed. Also, "workweek" is a function of a federal law called FLSA. There are very specific rules that must be followed when the employer changes their workweek definition. These rules are a major PITA for employer to comply with and are deliberately written in such way that the employee will not lose overtime during the period in which the workweek changes. There is a clear legal intention that the workweek stay put and be change very seldom, if ever.

      Past that, people sometimes confuse workweeks with schedules and shifts. My last four employers all had workweeks ending Sunday midnight for all employees, even though collectively these companies had dozens of different shifts and schedules in maybe 35 states. It is legally possible for the same employer to have more then one workweek, but this is mechanically very difficult to accomplish. I have never heard of a single payroll having more then one workweek definition.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        [QUOTE=shiftworker;1012201]we work 12 hour shifts and we work rolling 4 meaning 4 days on 4 off
        and come back to 4 overnights. we work 48 hours in a period,we are told
        that if we work friday,saturday,sunday and monday we dont get the overtime due to monday going into the next week.We are told the workweek is monday to sunday.So we work example Wednesday,thursday,friday,saturday
        days then off sunday,monday,tuesday,wednesday then work thursday, friday
        saturday,sunday nights ,then off monday,tuesday,wednesday,thusday.Know
        we come in work friday,saturday sunday and monday which is 48 hours however with monday starting the new week we dont get the overtime
        even though we worked 4 days 12 hours each in a row.Is this
        legal to do...thanks shiftworker

        Comment


        • #5
          OP, why did you repost this?

          Didn't we answer your December thread sufficiently?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            It seems he edited his 12-08 post in some way today - how?

            It seems he got his answer.
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