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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Im being docked overtime pay and my personal paid/unpaid time

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I'm being docked overtime pay and my personal paid/unpaid time even though I report to duty for my scheduled 40 hrs. Is this legal?

wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : Do you work over 40 hours per week?
Customer: I have the option to but I chose not to unless I make other arrangements outside of work.
wallstreetfighter : Under the overtime laws, only employees who work over 40 hours per week,
wallstreetfighter : are entitled to overtime,
wallstreetfighter : In terms of personal paid days, or vacation time,
wallstreetfighter : an employee is allowed to make changes to those benefits, unless it violates a written contract,
Customer: They do pay me overtime when I work it. The problem yesterday was that I was asked to come in early so I was under the impression that I could leave early as well. Their argument is that my scheduled shift is from 2:30-11pm and if I left at 10 cause that to me would be my normal 8 hrs for the day, that they would have to take an hour of my personal time. When I asked if I would then be paid OT from 1:30 to 2:30 their answer was no. So I report to duty early as asked work my 8 hrs and still get docked personal time? That sounds wrong and they agree but claim there's nothing I can do or say about it.
wallstreetfighter : It is wrong, and may violate a contract or company policy, however the law, allows an employer to do this, the only rule regarding overtime pay is that if you work over 40 hours per week, not daily hours,
Customer: Where do I go from here? I read in the handbook that all of it is wrong and they are in violation. I hope...
wallstreetfighter : If they have a written policy, and they have violated it, your options are to bring a lawsuit for a breach of contract,
wallstreetfighter : however, you would have to show that the written policy is actually an enforceable contract,
wallstreetfighter : if they do not pay you overtime if you work over 40 hours per week, then a wage complaint with the state can be filed,
wallstreetfighter : and the State would force them to pay you
Customer: It just seems to me that they're docking me twice. They do pay OT by the day. If I were to work 12 hrs Monday, then called in unpaid time Friday I'd actually make more money doing that but we are very limited to our paid/unpaid time so when they threaten to take an hour that I don't technically use I want resolve.
Customer: I read in the handbook that the only discipline or corrective action for missing scheduled OT is a demerit system, not the use of personal time
wallstreetfighter : In this situation, you should have the policy reviewed by a local employment attorney to see if it can be construed to be a written contract, if so, you can bring legal action
Customer: Any suggestions for an attorney? My employer is General Electric if that makes a difference.
wallstreetfighter : If they are a large company, they may have created a policy that is enforceable,
wallstreetfighter :
Customer: HR's point or argument isn't even in the book. Mine is...
wallstreetfighter : The link above has a list of attorneys who handle such matters,
Customer: Thank you =)
wallstreetfighter and other Employment Law Specialists are ready to help you

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