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Interesting "early Out" dilemma

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  • Interesting "early Out" dilemma

    Hello all, I apologize if this has been asked, I tried to search for it, and could not find anything on this.

    I work in CO as a non-exempt hourly employee. I also work in a flex-schedule where our work week starts on Saturday and Ends on Friday. Often times I hit my 40 by Wednesday night or thursday morning, and am off for thursday or friday.

    My employer is gracious in that they occaisionally offer "early out" afternoons, the Friday before a holiday weekend (i.e. Good friday was a 3-hr early out). However, since I am usually not "on the clock" for those days, I do not receive the hours granted to employees who happened to be at their job site on a Friday. In effect, they are being paid 40 hours for working only 37, 36 whatever. But because I have already worked 40, I don't receive the extra three hours.

    When I brought up the disparity, I was given the pat answer "Labor laws" tell us we have to do it this way. I found holiday pay is generally given to employees that work during the week the holiday falls on, but could not find ANYTHING on early out laws.

    Can anyone help???

  • #2
    The reason you can't find anything is that the law does not address this. With minor exceptions, paid holiday time is a voluntary benefit on the part of the employer. While it may seem unfair to you, nothing you have described violates any laws or any of your rights.
    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


    • #3
      Originally posted by cbg
      The reason you can't find anything is that the law does not address this. With minor exceptions, paid holiday time is a voluntary benefit on the part of the employer. While it may seem unfair to you, nothing you have described violates any laws or any of your rights.
      That's my point. They quote that they can't compensate me because the labor laws prevent that, but I don't see that anywhere in the DOL site that even talks about it.

      Comment


      • #4
        But you can't find anything that says they have to compensate you for it either, can you?

        Whether they are right or wrong about what labor law requires, the fact does not change that you are not entitled under the law to be paid extra because your co-workers were allowed to leave early.
        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


        • #5
          The issue here is that "early out" pay can cause the employer problems with overtime. This type of pay is not deducted from total compensation when computing the regular rate of pay. Holiday pay is. Thus, many employers refuse to pay this because it would make computing overtime much more difficult.

          In this case, it doesn't look like you work any overtime, so it is not an issue. However, keep in mind that many people in payroll/HR don't know every detaill of wage and hour law. As such, your payroll person may not know the exact reason why they don't want to pay this, but in general, companies should avoid early out pay as it will cause difficulty with overtime payment.
          Michael Tracy
          Attorney
          http://www.laborlawradio.com

          Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

          Comment

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