Overtime being applied to short week

[Dispatcher46]

I am a dispatcher for a police dept and earlier this year we went to 12 hour shifts. The rest of the dept is still on 8 hour shifts. We are paid once a month and the dept. averages out the hours worked per year and divides it by 12 so you have at least a minimum pay that stays the same every month. The problem I am having with the 12 hour shifts is that they are taking some of our overtime from long weeks (48 hours) and applying it to the short week (36 hours) so we have a minimum of 40 hours a week. Can they take the overtime away from us? We no longer have a bargaining unit and there is nothing in policy about 12 hour shifts.

 

[army judge]

I suggest you inquire of your human resource department, or your state's wage and labor board.

Can they do it? Apparently they are doing it.

What you want to know, does the law allow it?


Sent from my iPad3 using Tapatalk HD

 

[cbg]

Are you paid weekly, bi-weekly (every two weeks), semi-monthly (twice a month) or monthly? There's a reason I'm asking.

 

[mightymoose]

It is likely based on an 80 hour period, not 40.
36 hours one week and 44 the next is normal for a 12 hour shift.
If you work longer than the scheduled 12 you will have overtime, but you won't have an automatic 4 hours overtime every other week just by working your regular shift.

 

[army judge]

OP, here is your answer.

Kansas doesn't follow federal overtime guidelines.

Kansas has its own standard.

It appears the way you are being paid is legal in your state.

Some businesses are required to follow the federal standard.

When is overtime pay required?

State law says that overtime is due once an employee has worked 46 hours within a week. Federal law says that overtime is due once an employee has worked 40 hours within a week.
How do I determine whether state or federal overtime requirements apply?

The determining factors involve the amount of annual revenue and interstate commerce of a business.
What overtime rules should an employer follow - state or federal?

Contact Federal Wage and Hour at (913) 551-5721 to inquire if federal laws apply to your business.

Kansas Minimum Wage and Overtime Law (K.S.A. 44-1201 et. seq.)

Guarantees a minimum wage of $7.25 for workers above the age of 18 years. Overtime pay is required after 46 hours of work in a work week. Employees and employers who are covered by the Fair Labor Standards Act (FLSA), which is federal law, are not covered by this law. For more information see Wages FAQ.

http://www.dol.ks.gov/Laws/FAQlaws.aspx

http://www.dol.gov/elaws/esa/flsa/screen5.asp

Overtime Hours

Kansas state law defines overtime as time on the clock in excess of 46 hours in a single week. Since this is higher than the federal standard of 40 hours, employers in the state of Kansas must follow the federal standard if they fall under its jurisdiction. Neither Kansas or the federal government requires employers to pay overtime based on hours worked in a single day.

Overtime Pay

In the event that overtime pay is required for an employee, it is generally paid at a rate equal to 1 1/2 times the normal hourly rate of the qualifying employee. However, some institutions use alternate methods such as compensatory time off instead of overtime pay. These alternative methods are allowed under Kansas state law so long as the employee and employer agree on the terms in advance.

Miscellaneous Overtime Regulations

The state of Kansas also mandates that employees who wish to work overtime may not waive their right to receive wages at overtime rates. In the event that a salaried employee works overtime their eligibility for overtime pay is determined by their exemption status. Exemption status is determined by the nature of the work that they preform. The state of Kansas also allows employers to require that employees participate in mandatory overtime unless they are under the age of 16. Workers under the age of 16 are not permitted to work overtime under Kansas state child labor laws.


http://www.ehow.com/list_6685481_kansas-overtime-labor-laws.html#ixzz2DAA1ysuQ

 

[disagreeable]

It sounds like they are using a non traditional work week, which many 12 hour shift employers use.

 

[MorrisJennings]

Dispatcher46, federal law (FLSA) requires that your employer either pay time and one-half for your hours of work beyond 40, on a workweek basis, or (because it is a public agency) utilize a legal comp-time bank, banking the OT hours @ time and one-half (e.g., your workweek is 46 hours, and you are paid for 40, 9 hours are banked). Your employer might be confused and classifying dispatchers as "law enforcement" for purposes of the FLSA Sec. 7(k) exemption. Law enforcement employees of a public agency are subject to complex rules, affording the agency more flexibility. On the other hand, you might not know what the actual workweek is. Your employee handbook probably identifies the designated workweek (it need not be the calendar week). The "bottom line" is that Kansas law (apparently lower standards than federal, based on other responses) is irrelevant. To get more info about the FLSA and your rights, see the DOL Wage and Hour Division web site.

 

[cbg]

Quick hijack to say welcome, Morris - very glad to see you here!

 

[Betty3]

Hi Morris. Glad you came. Sorry for the hijack.