Changing schedule to eliminate overtime

[tpajet]

My employer has come up with a creative way to keep from having to pay overtime. What happens is, if I have to stay late today for say 2 hours, then one day later in the week they will have me either come in 2 hours late or leave 2 hours early. Either way, we end up with only 40 hours in the week. This also means that we are working short at times because if someone is made to come in late, then we are a person down until they get there.

 

[CdwJava]

Are you asking whether this is legal?

The answer: It might be.

Where it stands will depend on the state you reside in, the contract or work rules you operate under, and whether or not you want to do it this way. This is commonly referred to as "flex time".

You then have to ask yourself, how much is this worth to you? Is it worth rocking the boat? Challenging it does not mean you will get any overtime, it only means that the work may be held over. Flex time can be useful as it can allow you to take time for special errands or appointments, or even to take entire days off if they are willing to create it as compensating time off rather than true flex time.

It is possible to turn this into your benefit should you choose.

- Carl

 

[tpajet]

This is with an airline, we are not union, and none of us want this. If we have to stay late today, we want our overtime. Also, this means that if I am forced to come in late today to get rid of the extra hours, then the rest of the staff are down a person. They can board the passengers OK, but the big problem is with the baggage loading. We feel that it becomes a safety issue. Also, there really is no other times that we would be able to leave early anyway.

The other garbage part of this is that if you are late (other than with this) you get an attendance occurrence, and 7 of those in a year (also includes calling out) and you are fired.

The kicker is we are doing better than most other airlines, so why this big budget crunch, none of us can understand.

 

[Green_Hornet]

This is with an airline, we are not union.

Well theres your problem I suggest talking to an organizer. Airlines fall under the Railway Labor Act, this creates a lot of organizing hurdles. However it is not impossible.

 

[tpajet]

That's a whole other soap opera in itself.

 

[cbg]

As far as the law is concerned, what you describe is legal in all 50 states. While an employer is required to pay overtime if it is worked, nothing in the law says that the employer is required to allow you to work overtime.

Unless you have a legally binding contract, union or otherwise, that specifically says otherwise, the employer is legally entitled to rearrange schedules so that no overtime is worked.