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  • work week endings Maryland

    Can you have a different work week ending for different employees? My thought is NO!! But we have a compressed work schedule and most people take Friday as there day off but we have two employees who for business reasons really need to take Monday but no matter how we try to work it we can't make the hours come out right unless we change their work week - which of course would be different from everyone else's. Any suggestions? And they are not even in the same department.

  • #2
    Are you talking about a work week (which is a 168 hour period of time which never changes and which defines, among other thing, when overtime is due and is generally the same for all employees) or a schedule (which is specific to the individual employee and which can change every week if you want it to)?
    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
      Yes, is it specific to every employee? or the organization as a whole?

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      • #4
        Sorry I did not read your question closely enough.. Yes, it is the work week in which never changes and which defines among other things when overtime is due and is generally the same for all employees.

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        • #5
          As long as it is the same by employee group, it is legal but unless you really hate your payroll department and want to complicate things needlessly, just keep it the same for all. Whether an employee works 4 ten hour days T-F or M-Th shouldn't change anything.
          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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          • #6
            I don't understand, then, why they cannot have Monday off unless the work week changes.

            Let's say, for example, that the work week runs Sunday at 12:01 am through midnight Saturday.

            Why does it matter if they have Monday off or Friday off?
            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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            • #7
              Is your compressed work week actually calculated over 2 weeks? Where the employees work extra for 9 days and get the 10th off? I could see where that would be an issue (much more so than cbg's example) because of the need to split the two weeks right to not go OT in either for the Friday employees. If you do that, then it might not work well for the Monday employees. But I'd have to "graph" it to tell. When does your workweek start and end?

              Could you leave the workweek the way it is and allow the Monday off employees to actually get every Monday (rather than the every other Monday)? That is they work longer for 4 days and then have the 5th off (end up working 8 out of 10 rather than 9 out of 10). Then not matter what your workweek, you would be okay for those few. But it may not work depending on your industry and business needs.

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              • #8
                Even if they work 9 hour days and take the 10th off, the week of 9's would be over 40.
                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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                • #9
                  Our work week goes from Friday at noon until the following Friday at 11:59.

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                  • #10
                    Originally posted by ElleMD View Post
                    Even if they work 9 hour days and take the 10th off, the week of 9's would be over 40.
                    Not if you pick a very specific workweek like hrchance just posted. You want to break right on the day/point that is going to hit 40 hours in each workweek which is most likely on the flex day in the middle. It is possible and many companies do a 9/80 with no overtime. But it does get difficult when you have different flex day within the same workweek definition.

                    I think your three options are:
                    (1) have two different workweeks and yes, your payroll dept will be unhappy
                    (2) have the lower # employeees who want to flex a different day work a 4/10 if business needs allow for that
                    (3) don't allow for flex days that are not the standard one.
                    Last edited by hr for me; 06-02-2014, 12:17 PM.

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                    • #11
                      QUOTE=hr for me;1233341]I think your three options are:
                      (1) have two different workweeks and yes, your payroll dept will be unhappy
                      (2) have the lower # employeees who want to flex a different day work a 4/10 if business needs allow for that
                      (3) don't allow for flex days that are not the standard one.[/QUOTE]

                      So, hr for me, we are okay with having two different workweeks but must the employees that are in workweeks be in the same "group"? As I stated before one is a clerical administrative employee and the other is operational who performs janitorial duties, not in the same department. I believe Elle stated that they must be in the same group to have different workweeks. There are other clerical administrative employees (and we can't have them all take the same days) but the operational employee who performs janitorial duties is the only employee of his type.

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                      • #12
                        The DOL really doesn't give a hoot what department your employees are in. Likewise, they do not care what you designate as the official workweek so long as it stays standard for an employee and doesn't change weekly to avoid OT. For the record, we do have two different workweeks here. Temps, students workers and contract employees are on one schedule (ending Fridays) and everyone else one ending Wednesdays. Hate. It. But it is legal and can be done. If those who have Monday as their designated flex day have a different workweek than those rest of the employees, it is ok, just confusing. If one week they switch out a Monday off for a Friday, you can't change their workweek, but could do so if they change permanently.
                        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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                        • #13
                          agree with Elle. You have to keep it permanent and not change it each week depending on what day that they want off that week, for example. So in the end, I suspect at some point, you will have some overtime due to this. And again, your payroll will have to be programmed to handle the two separate workweeks. They will need some type of indicator to tell apart.

                          Personally I would try to make the groups make sense and not let employees make the decision willy-nilly or often. Have them sign a written pay agreement and what the restrictions on changes are going to be. And you may find out that the decision to separate out these few is just not worth it.

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                          • #14
                            So I have a question.....

                            I am in California. I am a 9/80 employee.

                            We are paid every two weeks. For the first week of the pay period I work four 9 hour days and Friday I work 8 hours. My work week ends halfway thru the 8 hour shift and at that point I begin the second work week. {4 hours goes to the first week and 4 hours goes to the second week.} I am off that Monday and work four more 9 hour days for a total of 80 hours. Is there a legal conflict with my workweek ending at noon on the first friday to determine weekly OT, but my posted day for determinging OT is midnight to midnight? Can a posted workweek end right in the middle of my posted day? Does that make sense?

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                            • #15
                              Yes, that is allowed. Especially with 24/7 operations, the workweek and the work schedule are going to be split at some point.
                              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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