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Thread: Forced to give up PDO (paid days off---vacation hours)

  1. #1
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    Default Forced to give up PDO (paid days off---vacation hours)

    I have a non unionized job in Louisiana where there are three "shifts"---day/evening/night. There are about 25 employees with my job classification, but only 4 of us work the night shift. These 4 employees have been forced to sign a paper stating that we are forfeitng PDO (Paid Days Off) for extra pay---we will be paid a few dollars an hour extra, but will not be given Paid Days Off. We were not given a choice, and no other shift has been forced to accept this condition. (There is an evening employee who works under the same condition but was given a choice when she was hired a few years ago.) My question is this.....Is it legal for the company to force this upon a select group of employees? All other benefit offerings (health, vision,dental, etc.) are offered to all employees under the same terms. It is only vacation time being taken away from a select group of employees. Any input would be appreciated. Thanks.

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    There are laws that govern health, dental and vision coverage. There are no laws that govern vacation.

    "People who work the night shift" are not a group protected by law.

    Since no law requires that you be given paid time off, and since who does and does not get paid time off is not being determined by your membership in a group protected by law, it is legal. I completely understand why you're upset, I don't blame you in the least, and I think it's a very poor management decision. But it IS legal.
    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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    It may be ill advised or impractical, but it isn't illegal.
    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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    Thanks for the replies. I figured as much. It's just a way for the company to avoid paying OT whenever possible.

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    It's got nothing to do with OT. OT is based on time worked, not on time paid. Even if they did provide you with paid time off, they wouldn't owe any overtime unless you WORKED over 40 hours in the week.
    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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    Quote Originally Posted by cbg View Post
    It's got nothing to do with OT. OT is based on time worked, not on time paid. Even if they did provide you with paid time off, they wouldn't owe any overtime unless you WORKED over 40 hours in the week.
    It has everything to do with OT....not for me, but for the person who would replace me on the shift. It's a non-profit hospital, but we were outsourced to a for-profit company a few years ago. The department I'm in would have to replace me on the shift. If I am off with vacation time, they will pay that time plus an additional OT shift to the person replacing me. In effect they would be paying 2.5 x salary for the shift. But since I am now not eligible for vacation time, if I do not work I do not get paid for the shift. In that case they will replace me on the shift and pay the OT, but they will only be paying 1.5 x salary for the shift.

    The issue we have (and it's not a legal one) is that the company claims the "premium" or extra pay they are offering compensates us for the loss of vacation time. On that their math is incorrect to say the least. It isn't too bad for the younger employees who make less, but anyone on the upper end of the pay scale suffers. Also, we now have no guarantee that a requested day off (which we would not be paid for at all) will even be granted. We work 7 on/7 off, and are being told that "the 7 days off are a vacation," if you can believe that. I know these things that I'm describing aren't legal issues, but I thought I'd illuminate a bit after your comment. What management fails to realize is that "life" happens at night or in the evening (our shift starts in the late evening), so if you have an event, or a child's school event or baseball game, or whatever, you have to take time off to attend. We would no longer be paid for the time missed. Those things are not issues for daytime employees who can live their life after they leave at 2:30, or 3:30, or 5:00. That's why not offering paid time off to just night employees is ridiculous.
    Last edited by dt2760; 02-04-2017 at 09:14 PM.

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    There is a strange 14-day overtime rule affecting hospitals.

    https://www.dol.gov/whd/regs/compliance/whdfs54.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    Quote Originally Posted by DAW View Post
    There is a strange 14-day overtime rule affecting hospitals.

    https://www.dol.gov/whd/regs/compliance/whdfs54.pdf
    That was very informative! I actually work two jobs, and both use the "simple" 40 hour week. I didn't know about the 8/80 week. We are paid shift differentials, but I honestly do not know if they are included in OT calculation. If I read this right, they should be.
    Last edited by dt2760; 02-05-2017 at 11:15 PM. Reason: clarification

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    Hospitals are not required to use the 8/80 rule but they are allowed to.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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