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Over Time Government Employee

Discussion in 'Wage and Hour, Overtime' started by Laurie1978, Jan 19, 2021.

  1. Laurie1978

    Laurie1978 Law Topic Starter New Member

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    Hello,

    I work for a local county in New York State in the field of child welfare. I have been here for 18 years. You can honestly say you never complete what is anticipated by the end of your work shift. In addition, we have had caseloads that made it next to impossible to complete all work within 6.5 hours (when you calculate allotted lunch and breaks).

    That being the case I am one of those employees who never leave promptly at the end of my work shift. In addition, I am typically 10-15 minutes late at the start of my work shift.

    We are required to complete an SAP (System Analysis Program Development) if our work does not fall under the scheduled work shift which is the equivalent of payroll. In addition to numerous policies internally such as advance notice and various forms of documentation if you want to get paid OT (over time). Considering how fluid the job is this is difficult to keep up with.

    The latest is we need to get advance approval to stay late or we must swipe out at the end of our work shift. I have noted that it is impossible to predict what I will be doing by 5pm due to the nature of our work, this is almost a daily occurrence, and I am not even requesting OT compensation. I think that is part of the problem due to liability of unauthorized OT that shows up in the system. I have spoken to Union representation, but I usually get no support.

    What’s rights do we have outside of the Union under government work. They are basically punishing us for working additional hours. Can they fire someone for this?
     
  2. army judge

    army judge Super Moderator

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    If you are a member of an approved union, the contract determines for the most part the rules under which you work.

    That said, your rights are those of most other employees.

    I suggest you discuss your concerns with your shop steward or the appropriate union representative.

    Once you've surfaced your issues/concerns to your union representative, you'll discover there are existing rules, procedures, etc for most of the things that vex or befuddle you.

    Of course, that presumes YOUR position IS covered by the existing union agreement.
     
  3. cbg

    cbg Super Moderator

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    You have the right to work the hours your employer wants you to work; to come in when they say and to leave when they want you to leave
    You have the right to be paid appropriately for the hours you work.
    You do NOT have the right to substitute your own preferences for work hours for that of your employer.
    Don't think I don't get what you're saying. I quite understand having to jump from one unexpected thing to another and still being in the middle of something when the end of shift comes.
    Nonetheless, neither Federal nor state law (in any state) protects your job for working when your employer does not want you to work.
     
    hrforme likes this.
  4. Laurie1978

    Laurie1978 Law Topic Starter New Member

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    Hello,

    Appreciate your reply. For the record I have been very active with the Union and have seen limited results. It just seems like there has been an enormous number of contradictions and changes over the years that work to the convivence of a system. For instance, when caseloads are up higher, and people complain they say just work OT even though we have an 8 hour schedule. When they become concerned about unauthorized OT they say you need to swipe out at the end of your work shift. I honestly feel they do not care if you do the work, they just do not want to be held accountable. Not to mention people frequently get written up for not getting work done. It is a very mixed message but appreciate the feedback. I may still want to review with an attorney to get different perspectives. Thanks.
     
  5. sandyeggo

    sandyeggo Member

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    Why are you late coming into work? That can't look good to your superiors.
     

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