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

Announcement

Collapse
No announcement yet.

"Overtime" question for NYS

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

  • "Overtime" question for NYS

    I work in a Call Center in New York state and I have a question regarding what may be considered overtime, but probably is technically not. Either way here it is:

    My company is giving us all a day off on 7/5/10, a Monday. It is unpaid time off, which is fine, I really don't mind. I work 12pm-830pm every weekday and it doesn't bug me to get a day off.
    However, they have no stated that EVERY employee is required to make up the hours throughout the week. In other words, I need to come in early every single day for the rest of the week in order to make up and hit 40 hours for the week in total, OR i can come in and work on Saturday. Either way I really don't want to do this. I like my shift and it took me forever to get it. Now overall its not that big a deal, obviously I'm not crying about having to come in early a couple days. My issue is that they're attitude about it is basically "We can tell you to do whatever we want so suck it up and deal with it".

    Is this legal? When I asked about it they said they were allowed to change our schedules whenever they saw fit and there was nothing that we could do about it. I thought they had to ask permission to edit an employees schedule, like any other time. My department is being given some leeway, We can basically pick and choose when we're going to come in and make up the hours. A similar department to mine has been told that they are REQUIRED to work a 12 hour day on Tuesday, 7/6/10!

    Can they really do this? It just sounds like garbage and I'm trying to find an answer but navigating through all the laws is very difficult, I honestly haven't had much luck! Any help, opinions, or links to relevant laws or topics would be appreciated!

    P.S.
    I was helping my manager with his attendance the other day and he informed me about something that sounds even fishier. Our attendance system has some automatic safeguards built in. One such safeguard is that if an employee misses a punch somehow, or doesn't take enough lunches as required for their shift, it AUTOMATICALLY just chops an hour off your paid time! They short you an hour even though you actually worked it! A good example of this would be if you worked like a 10 hour shift, you're required to have 2 breaks off the clock, one before 5pm and one after. So if you forgot to clock out for that second break(it's always a 20 minute one where I work) the computer would just automatically chop an hour off the end to avoid hitting a labor violation!

    Can they really do stuff like that? It just seems so unfair I can't believe they get away with things like that!

  • #2
    Yes, it is legal, because there is no law prohibiting it.

    They can require you work on an alternate day if work is not available on a holiday.
    They can change your schedule at any time; they don't need your permission.

    However, you must be paid for all hours worked; if you are not, you can file a claim with the state dept. of Labor.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      So in other words I have no choice but to give in and work hours outside my scheduled shift and outside my availability? I worked at Wal mart at one point in life and I remember them talking about how they weren't allowed to schedule you outside your given availability.

      So If tomorrow my manager tells me that he needs me to work from 3am in the morning until 8am I have no choice but to do it? Doesn't that seem unfair? Again any links to pertinent laws or cases that set precedents like this would be greatly appreciated.

      Comment


      • #4
        Also, regarding being paid, there is never any way to know whether or not they shorted you unless you keep a personal log off exactly every hour you work and check it with the hours on your paycheck. And even if you do so, you wouldn't really have any proof to use against them because the computer edits the times that you clocked in and out!

        Comment


        • #5
          You have a choice...do whatever you wish. Just remember, your employer also has a choice...to fire you or keep you employed.

          You should ALWAYS keep a log of your time in/out just for your records. Just my opinion on the hours.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            I'm not asking for advice on what I should do, not to sound rude or anything. I'm fully planning to just work the extra hours, its not like working more and getting more money is a bad thing. I'm really just interested in information.

            And what about the thing with the time clocks? That's far from being unfair, because it means some of the employees are just not getting paid for all the hours they worked.

            Comment


            • #7
              Originally posted by deefop View Post
              I'm not asking for advice on what I should do, not to sound rude or anything. I'm fully planning to just work the extra hours, its not like working more and getting more money is a bad thing. I'm really just interested in information.

              And what about the thing with the time clocks? That's far from being unfair, because it means some of the employees are just not getting paid for all the hours they worked.
              The only "advice" I offered was to keep track of your hours. You're right, it is far from being unfair people need to take some accountability for what happens in their lives. Keeping a notebook with in and out isn't going to kill anyone. NOW, if the company is intentionally shorting people, then yes that is wrong, unfair and illegal. It sounds to me like the company uses rounding rules though. A system that is often misunderstood.
              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

              Comment


              • #8
                Actually timeclocks really only exist to keep track of when employees are working and when they are not, therefore while taking a notebook in and writing it down may be prudent, it is a redundancy that should not be necessary. I shouldn't have to write it down manually, thats WHY we have timeclocks, and moreover I shouldn't need to be fearful that I'm not getting paid for the hours I worked.

                What are rounding rules? The way my manager said it made it seem very clear that the computer just chops hours off to avoid getting hit by labor law violations. That was how he made it sound. I'm hardly accusing them of doing so just based off what I heard from someone else, but it certainly sounds fishy.

                Comment


                • #9
                  I'm not trying to sound snide, but you must have the best luck of anyone I know to make the remark that it is redundant and unnecessary...time clocks, like all electronics and computers are not infallable.

                  In regards to rounding rules, you can find it in this publication http://www.osha.gov/pls/epub/wageind...725/WH1312.pdf

                  Page 11, section 785.48 subsection (b)

                  Good luck.
                  Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                  I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                  Comment


                  • #10
                    29 CFR 785.48 - Use of time clocks. Here it is from the US DOL web site.

                    http://www.dol.gov:80/dol/allcfr/ESA...9CFR785.48.htm
                    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


                    • #11
                      Maybe it "shouldn't be" necessary to keep a log of your own hours, but it appears that if you want to make sure that you are being paid for all time worked, it IS necessary.

                      And your previous employer may have had a company policy about schedule changes and availability, but I can assure you it wasn't because of any law requiring them to.
                      Last edited by Pattymd; 06-22-2010, 01:41 AM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        So if time clocks are not required, what IS the official way to log hours? That link you provided makes it sound as though a worker doesn't have to be compensated even if they clock in early!
                        If the company claims I worked, say, 36 hours one week, but I have records indicating that I worked 38, what recourse do I have? Even though time clocks aren't required my company does everything with them, and it would really just come down to a "he said, she said" situation if someone claimed to have worked longer hours.

                        Also regarding the schedule change, how about my half sarcastic question regarding working at 3am? There's really nothing on the books that prohibits an employer from forcing an employee to work whatever hours they want? Is there at least a "grace period" or warning time required?

                        Comment


                        • #13
                          There is no "official" way to keep hours. Employers are mandated to keep accurate records of time worked, but the law does not mandate how they do it, only that they do. It's up to them what method or methods they want to use.

                          You have to be paid for all time WORKED. That is not necessarily the same as all time clocked in. If, as an example, you clock in at 7:45, hang up your coat, get coffee, check your personal e-mail, read the sports scores, discuss last night's ball game with your co-worker, and then at 8:00 begin work, you only have to be paid from 8:00. If challenged, though, the burden of proof that you did NOT work would be on your employer.

                          If you genuinely did not get paid for time actually worked, your easiest solution is to file a wage complaint with the state DOL. You do not have to prove what hours you worked; the employer has to prove that you did not work the hours you claim. If for one reason or another the state DOL doesn't do it for you, there's always small claims court.

                          And yes, there is really nothing in the law that prohibits the employer from scheduling you to work any hours he wants, including 3 am if that is when he wants you to work. There are a very few states where they must give you a certain amount of notice, but to the best of my memory, NY is not one of them.
                          Last edited by cbg; 06-22-2010, 08:03 AM.
                          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.

                          Comment


                          • #14
                            There is no official way. It can be done any way the employer chooses, as long as hours worked are accurately reflected.

                            A worker does NOT have to compensated if he clocks in early, unless he's actually working. When I managed a large department a few years ago, I stopped the practice of employees clocking in when they got to the work site, because it was often before I got there, and I couldn't testify as to whether they were working or not.

                            If your records show you worked 38 and the employer's records show you worked 36, you file a wage claim. The state will investigate and the onus will be on the employer to prove that you didn't work what you claim.

                            Re: scheduling, no there isn't. Not in your state.
                            Last edited by Pattymd; 06-22-2010, 08:01 AM.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                            Comment


                            • #15
                              Well thank you very much for all the answers and information! This is certainly enlightening, I guess I was taking a lot of things for granted and making quite a few inaccurate assumptions.

                              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