Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Can overtime be denied? TX Texas

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can overtime be denied? TX Texas

    My wife is an hourly employee. Her pay period is every two weeks and is based on 80 hours. She works 8-5 M-F with one hour for lunch off the clock.

    Her pay never matches the hours shown on her pay stub. The stub shows 82.2 hours, she gets paid for 80. Her employer says that no overtime was "pre-authorized".

    She arrives on time and normally clocks in a minute or two early and is actually productive at 8am. In the evening she normally reaches as good stopping point and clocks out between 5 sharp and a couple of minutes later.

    Because of this (nonpay), she is now deliberately sitting at her desk with her hands in her lap and clocks in at eight sharp. At five sharp she drops whatever she is doing irregardless of importance and clocks out.

    She doesn't like playing it that way because she has a strong work ethic. Her employer is also starting to make noises about "attitude" and "being a team player".

    Questions:

    Is the practice of not paying for time on the clock over 80 (not even straight time let alone overtime) legal?

    Any advice on how to address it with a degree of diplomacy so as to get paid, be productive, and not spoil what should be a good working relationship?

    Thanks.
    Phil

  • #2
    Originally posted by pegwinn View Post
    My wife is an hourly employee. Her pay period is every two weeks and is based on 80 hours. She works 8-5 M-F with one hour for lunch off the clock.

    Her pay never matches the hours shown on her pay stub. The stub shows 82.2 hours, she gets paid for 80. Her employer says that no overtime was "pre-authorized".

    She arrives on time and normally clocks in a minute or two early and is actually productive at 8am. In the evening she normally reaches as good stopping point and clocks out between 5 sharp and a couple of minutes later
    If she was clocking in just a min. or two early & productive at 8am & clocks out at 5pm or a couple of min. later, where does the 82.2 hrs. come from? Has she been working additional unauthorized overtime on some days? Has she been clocking in early from lunch & working? She has to be paid for all hours/time worked but she can be disciplined up to & including being fired for working OT not authorized.

    What type of work does your wife do & what type of place does she work at (not actual name of place)?

    Or

    Are you saying she is clocking in early & working & clocking out late & working up to clocking out which adds up to the 82.2 hrs. (2.2 add'l. hrs.) The couple of min. early (& being productive at 8am) & the couple of min. late noted by you do not add up to 2.2 hrs. add'l.
    Last edited by Betty3; 11-20-2008, 08:31 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Originally posted by Betty3 View Post
      If she was clocking in just a min. or two early & productive at 8am & clocks out at 5pm or a couple of min. later, where does the 82.2 hrs. come from? It was a number I used as an example. The point being that her pay stub actually acknowleges the additional time. Thus, it means a human being has decided that she won't get paid for over 80 hours.

      Has she been working additional unauthorized overtime on some days? Has she been clocking in early from lunch & working? Not deliberately. From what she tells me she's normally back at her desk five minutes early (don't want to be late) and she works until there's a good stopping point for the day.

      She has to be paid for all hours/time worked but she can be disciplined up to & including being fired for working OT not authorized. Interesting. I am not looking to get her fired. But she is frustrated over the issue. It's not much, but it is the principle of the thing. Is there a good source of actual regulations that you know of? Maybe if she showed the regs to her boss....

      What type of work does your wife do & what type of place does she work at (not actual name of place)? She is the accounts payable/receivable clerk at a corporate hq for a convenience store chain. She is already doing way more than what they told her when hired. It really isn't about the money. It's almost a recognition or respect thing I think. She does very good work in a stressful office. And by not paying her she feels disrespected. The amount of money involved sure isn't that much at all.

      Or

      Are you saying she is clocking in early & working & clocking out late & working up to clocking out which adds up to the 82.2 hrs. (2.2 add'l. hrs.) The couple of min. early (& being productive at 8am) & the couple of min. late noted by you do not add up to 2.2 hrs. add'l. Like I said, the 82.2 was an example number. The point is that there is a noted discrepancy between the number of hours clocked in and working, and the number of hours paid.
      Thanks for the answers. I appreciate the time you took. I'm trying to help her because she is upset at what she sees as a personal slight. She's one of those workers whose identity is wrapped up in the results she gets. So, instead of clocking in and socializing, she clocks in and works.

      Thanks again.
      Phil

      Comment


      • #4
        She has to be paid for all hours actually worked - all hours on her pay stub. However; as I noted, she can be disciplined for working unauthorized overtime though.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X