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Unauthorized hours worked Indiana

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  • Unauthorized hours worked Indiana

    Our company provides companionship services to elderly people in their home. I have an employee who was specifically told that he was not to work on Christmas but the supervisor found out after the fact that he did indeed work an 8 hour shift on Christmas. We have a holiday policy which allows employees who work on Christmas to receive time and a half for those hours.

    My question is twofold:
    1.) Are we required to pay for hours worked that were completely unauthorized?
    2.) If we are required to pay him, do we have to pay him overtime for that holiday when he wasn't supposed to work it in the first place?

    Thanks

  • #2
    1. Yes. The fact that it was unapproved is, unfortunately, irrelevant.
    2. If he worked more than 40 hours in the workweek, you must pay overtime for the excess hours. There is no law that requires he receive holiday pay or a premium for working on a holiday.

    Having said all this though, there is no reason you cannot discipline the employee for working when he was specifically advised not to, up to and including termination. You just can't discipline by withholding pay for time worked.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Unfortunately, you must pay this individual.

      Going forward, if you see this as a problem, here is what I would do. I have a friend that owned an agency similar to what you describe here. Her employees would fall in love with their clients (elderly can be quite charming). These elderly that they were going to visit were very, very lonely. They would ask the worker to please stay or to come back again, and who can refuse?

      She ended up going to a dispatch type arrangement, and made it standard operating procedure and policy that their dispatch number was only good for the amount of time pre-arranged, and any additional work for the client without permission of the agency in advance, would result in termination on the first offense. She explained to the employees that often times the elderly's family member is paying for the services, and have only paid a certain amount, and those services needed to be stretched over a specified time period.

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      • #4
        Originally posted by bears00 View Post
        Unfortunately, you must pay this individual.
        Yep, but the company policy of paying time and a half for working on a holiday may be ignored.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          We are actually under what is called a Companionship Exemption so we don't pay overtime for hours worked over 40. We only have the holiday bonus which pays them time and a half when they work on a company recognized holiday.

          I just needed to be sure we would not be in trouble if we didn't pay him the holiday pay.

          I like the dispatch idea but I don't think we have a sophisticated enough time and attendance system to pull that off.

          With that said we are going to discpline this individual and pay him for straight time only.

          Thank you for your help

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          • #6
            Originally posted by adnay View Post
            We are actually under what is called a Companionship Exemption so we don't pay overtime for hours worked over 40.
            I had never heard of that exemption before. I learn something most every day.

            A quick google showed that the exemption is not legal in the US Second Circuit jurisdiction (Connecticut, New York, Vermont), as of sometime this year.

            http://www.jacksonlewis.com/legalupd...le.cfm?aid=990

            The issue is likely to go back (yes, back) to the Supreme Court which may resolve the issue for the entire nation.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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