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Managing hours Michigan

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  • Managing hours Michigan

    I work at a Apartment Complex. And I have to go, "on call", once a week per month. At my company we get paid every two weeks. My question is this.
    If I put in 30 hours of overtime when I am on call for the week. The next week can my company tell me that basically I have 30 hours off?

  • #2
    Yes, your employer sets the schedule unless you have a binding employment
    contract to the contrary.
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    • #3
      Are you saying you actually worked 70 hours in a single workweek? If yes, your employer is required by FLSA to pay you at least time-and-a-half for all hours over 40 in a workweek.

      However, as Betty3 noted, absent a CBA/contract to the contrary, your employer can also reduce your hours by 30 the following week.
      While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.


      • #4
        In fact, if your employer wants to tell you not to work at all the following week, he can do that too.

        What some employers have been known to do (and this is 100% legal under Federal law and the law of all 50 states) when an employee has worked multiple hours overtime in week one, is to arrange their hours in the second week so that the total paycheck is as if you'd not worked any overtime at all.

        Example: assume the employee makes $10 per hour for easy arithmetic - at 40 hours a week that means a total of $800 for two weeks; $400 for each week.

        Employee works 10 hours of overtime in week one. For week one, the employer owes the employee $550 - $400 in straight time and $150 in overtime.

        In the second week of the pay period, the employer sends the employee home after only 25 hours, meaning that for week two, the employee is only owed $250. $550 in week one and $250 in week two comes to $800 - exactly as if the employee never worked any overtime at all.

        Now, if you worked 30 hours of overtime, even if you don't work a single hour in the second week you're going to be owed more in the two weeks than you normally would earn with no OT.

        But the employer ABSOLUTELY has the right to arrange your schedule to minimize overtime payments. While you have an inherent right under the law to be paid OT when you work it, you do not have an inherent right under the law to work overtime.
        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.


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