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no pay for extra hours Colorado

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  • no pay for extra hours Colorado

    A few weeks ago, I was offered and accepted a part time non-exempt position that requires being flexible with the number of hours due to the position. The responsibilities state that "this position averages 30 hours per week but may be flexible depending on the needs of the position." I was also told that more hours may be needed at times. Then, today, I was required to sign a contract stating that any work over 30 hours per week. "regardless of place of work or work performed, shall be considered personal, non-public services to the immediate supervisor, to be paid for by the immediate supervisor individually." When I questioned this issue with contrasting information, I was told the (job) offer has been withdrawn and my application has been pulled. Is this all above board?

  • #2
    Almost certainly not legal. What type of business is this (not its name, please)?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      county government

      This is a county government. Maybe they don't have the same rules that apply to other entities???


      • #4
        Governments have been subject to the FLSA since 1986.

        They cannot require you to work for them without pay. From them, NOT from an individual employee of the county.

        Now, if the "supervisor" is an "employer", that supervisor could theoretically hire you and pay you as an employee, but that's a HUGE stretch.

        Honestly, the county manager (or whomever the equivalent to a mayor or city council is in your county) needs to know about this. Even if it weren't illegal, it's unethical as heck. Did you happen to get a copy of this document? Are there other people working like this also?
        Last edited by Pattymd; 03-15-2011, 07:14 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          county government

          Apparently others are working with this same agreement, because the county secretary did not understand why I was concerned about signing it, "everyone else signs it".
          Yes I kept a copy of the agreement.
          The county administrator is the one who would not discuss it with me and let me know that I had to sign it to have the job. I was going to be the director of a county department so my only supervisor would have been the county commissioners.
          Is there someone at the state div of labor who should follow up with this?
          Obviously, I don't want to work for them under these circumstances but I don't think what they are doing should be continued either.


          • #6
            This is just unbelieveable.

            The "county commissioners" are going to pay you? A single individual or the commission as a group? With whose money? Would taxes be withheld? Would overtime laws be complied with ("joint employment" comes to mind here)?

            Forcing you to agree to this is order to get the job, when the agreement is almost certainly illegal, is something you may want to discuss with an attorney. I'll bet the newspapers would have a field day with this.

            Just so you know, I used to be a senior manager with a large city.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


            • #7
              I work in local government and this is really unheard of. It seems like they may be trying to reduce costs (or their appearance by paying out of different pots. Part of your salary comes from this, part from your supervisor.

              What kind of position is this that you were hired for?

              Personally, I'd be looking for another job before I got my name in the papers for the wrong reason!
              I find that the harder I work, the more luck I seem to have.
              Thomas Jefferson


              • #8
                I was to be hired by the county. The part about being paid by the supervisor is just a ploy to discourage people about getting more hours than they are supposed to.

                I have written a letter to all the of the commissioners about this. This is a rural area and I agree that going to the newspapers at this time would not necessarily benefit my future career opportunities. However, being a public position, the county may hurt my reputation anyway by not giving accurate info to the newspaper.
                I wish I could figure out a way to get the state or someone to step in and stop the practice to protect the employees but yet leave me out of the equation.
                I have since found out that the reason they gave for withdrawing the application was because I suggested that their county attorney take a look at the wording of the agreement. They felt that I was threatening to get an attorney and wanted me out. I believe that the county administrator just didn't like a newbie questioning him. He has been running things forever......the good ole boy way.


                • #9
                  Does anyone have recommendations on who should be contacted about this issue?


                  • #10
                    You might consider running it by an attorney.
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