VA labor laws

[Boss_dawg]

Can someone tell me were I can find VA labor laws on line. This doesn't make any since to me. The way it sound is the employees in Va is at the merce of his employer when it comes to work hours. The can mandatorly make you work early, late whenever, but when it come to you take time off it is also up to them. I just found out that two people were my wife work got written up for not coming to work, even though they had worked late several days prior to the day of absence. What right do employees have in VA?

[cbg]

Employees have lots of rights. But in no state does the employee have the right to determine what hours they work unless the employer or a legally binding contract very specifically gives them that right.

[Boss_dawg]

I understand that, but how can they routinely make them work late. Not compensate them for time work and then tell them they can't take the hours work back in comp time. I understand comp time is "not legal" but what grounds do the employees stand on to say. If I am "expected" to work these additional hours over my 40-hour workweek or 80-hour bi-weekly, law entitles me to ..................?

[Pattymd]

See, now that's a piece of information you didn't have in your original post. Public employers (i.e., nongovernmental) cannot offer comp time in lieu of paying overtime to nonexempt (basically, hourly-paid) employees. That is a law, and it is one of the rights the employees have. The law entitles them to overtime pay. And they can file a claim for unpaid wages if they don't get what the law says they must get.

[Boss_dawg]

Okay is it mandatory for employers to pay overtime, or can they mandate an employee work 10 hour days 5 days a week and not pay overtime?

[cbg]

If the employee is non-exempt, then the employer is required to pay overtime when the employee works more than 40 hours in a single work week.

[Pattymd]

However, if you are working for a government entity that is allowed to offer comp time in lieu of overtime for nonexempt employees, YOU must elect the comp time instead of the pay. The agency cannot force you to accept comp time in lieu of OT pay. And the comp time must be accrued at time-and-a-half.

[Boss_dawg]

She is a non-exempt salaried employee, what are her overtime rights.

[Boss_dawg]

Originally Posted by cbg

If the employee is non-exempt, then the employer is required to pay overtime when the employee works more than 40 hours in a single work week.

Can you show were that is written, I need a leg to stand on, when I throw a book on my wifes bosses desk.

[cbg]

It's called the Fair Labor Standards Act, which is the primary law covering how employees get paid in the US. You can find information about it on the DOL website: www.dol.gov.

[Pattymd]

Here you go.
http://www.dol.gov/dol/allcfr/ESA/Ti.../Subpart_B.htm