Ohio Forced OT on holiday week w/o OT pay

[petergabrielfan]

Wow...where to start?? The newest thing at my company is that we must work 30 minutes of OT per day (totaling 2.5 hours per week), and if you can't do it one day, too bad. It must be worked in 30 minute increments over 5 days. Secondly, we are being forced to work 2.5 hours of OT next week on the holiday week without being paid OT for it. Is this legal? Can they do this? We have no option whether or not we want to do this. The 2.5 hours is mandatory.

[Sue]

Originally Posted by petergabrielfan

Wow...where to start?? The newest thing at my company is that we must work 30 minutes of OT per day (totaling 2.5 hours per week), and if you can't do it one day, too bad. It must be worked in 30 minute increments over 5 days. Secondly, we are being forced to work 2.5 hours of OT next week on the holiday week without being paid OT for it. Is this legal? Can they do this? We have no option whether or not we want to do this. The 2.5 hours is mandatory.

Two things: 1: yes your employer can set and change your hours as needed; but more importantly: 2: are you a salaried and exempt employee?

If you are hourly you must be paid for all hours over 40 worked in one work week. If you are salaried and exempt, you do not qualify for overtime pay as you are paid by the job and not the hour.

Let me know if I can be of further help.

[petergabrielfan]

Thanks for the quick reply. I am an hourly employee and we are being paid for these hours but not at an OT rate; just the regular hourly rate.

[Sue]

Originally Posted by petergabrielfan

Thanks for the quick reply. I am an hourly employee and we are being paid for these hours but not at an OT rate; just the regular hourly rate.

According to the Federal Fair Labor Standards Act, you must be paid 1.5 times your base salary for ALL hours worked over 40 in one work week as long as you are not exempt and your company meets the criteria for the FSLA which most do.

Visit this site for more information.
http://jobsearchtech.about.com/libra...y/aa082602.htm

Sue

[LConnell]

You mentioned a holiday week. Your employer doesn't need to pay you at time and a half for hours that are not worked. So, in the case of a holiday, let's say that you get 8 hours of holiday pay. Later on in the week, you earn an additional 8 hours of "overtime". In this calculation, you will receive 48 hours of regular pay...8 hours for the holiday and 40 hours worked.

Let us know if you have additional questions.