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"overtime" on a holiday week -Tennessee

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  • "overtime" on a holiday week -Tennessee

    The AC unit broke in our office last Friday. We were told we could leave for the day without pay due to this. I went ahead and left because the heat was unbearable. This morning I asked my boss if I could work over this week to make up some of the time for Friday. She stated I can't because I won't get paid for anything worked over 32 hours. I assumed she meant I wouldn't qualify for overtime because this coming up Friday is our paid holiday for 4th of July, and I told her I understood it wouldn't be true overtime. She reiterated that I wouldn't be paid at all for any time worked over 32 hours. She stated it's happened before. Another employee worked over on a "holiday" week and only got paid for 32 hours. She worked 4 hours over those 32 hours and was not paid for it. Is this legal? Can they withhold wages from hours worked? I understand it isn't considered over time because we aren't working over 40 hours, but it should be base pay correct?

  • #2
    Let's put it this way.

    If you work, you have to be paid. But they do not have to allow you to work, and if you work without authorization, you can be disciplined up to and including termination.

    So since she has made it clear that they do not want you to make up the time, I would recommend that you not make up the time.
    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.


    • #3
      She is legally free to file an unpaid wage claim if she wishes. Your employer is legally free to fire her if she continues to work unauthorized hours.


      • #4
        You must be paid for hours worked. The duty is on the employer to know when their employee is present and working, and to prevent people from working if they do not wish to pay. So yes, if you work, they have to pay you. They can also fire you for insubordination and/or working without authorization, and I would.

        Personally, I'd just take no for an answer and accept the short paycheck.


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