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Overtime

Discussion in 'Wage and Hour, Overtime' started by whodat985, Jul 1, 2020.

  1. whodat985

    whodat985 Law Topic Starter New Member

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    Jurisdiction:
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    I work for a contractor that is contracted to do work in a chemical plant. Before Covid we work 4-10 schedule. Anything after 10 hours in a days work was over time even before making your 40 hrs. an over time for anything outside of your 4-10 shifts. Well since Covid hit they switched us to 7 days on 7 days off. Now we only make over time on Sunday where before it would of been over time pay Friday Saturday an Sunday. One check we receive 50 hours 10 over time. Next check we receive 20 hrs. In Louisiana with Covid we should qualify for the unemployment on the 20 hrs week. Cause Louisiana say if your hrs were cut you qualify for unemployment. Our company basically told us we can’t. They say y’all lucky y’all still have a job. We heard that if they heard we got unemployment we would be pushed out.

    guess I’m asking is the over time issue legal an them basically not letting us get help with unemployment legal.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    The overtime pay for over 8 hours a day is not required by law. The overtime pay for more than 40 hours in a one week pay period is required by law. So unless you have a contract that says otherwise they don't owe you a dime more than 40 hours at your regular rate if you don't work more than 40 hours. The exception to that would be if they made the change retroactively is some way and nothing you posted would make me think that because they changed the schedule.

    The 7 on/7 off schedule and the way they are paying may be an issue.

    Could you explain the pay period. Look at your last check and see the dates then tell us the beginning and ending days and what days you work and how many hours a day.


    ETA: What you heard about getting UI really isn't at issue unless you heard it from someone in the company that has the power to fire you.
     
    Last edited: Jul 1, 2020
    Michael Wechsler likes this.
  3. hrforme

    hrforme Active Member

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    OT for 7 on/7 off is going to depend on the defined workweek (any consecutive 24 hour/7 day period). It is very possible a 50/20 split over a 2 week period is accurate depending on the start/end of the workweek and yes, it can end in the middle of a shift.

    Daily OT is not owed in Louisiana unless there is a contract or CBA that requires it. An employer has the right to change it going forward, but not for hours already worked.
     
  4. whodat985

    whodat985 Law Topic Starter New Member

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    Last check stub shows 15 through the 21 we work Wednesday to Tuesday so that would of been the 17 through the 23. the unemployment stuff came out of our general foreman’s mouth
     
  5. hrforme

    hrforme Active Member

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    Sounds like the work weeks is monday-sunday, so a wed-thurs would have worked 50 hours in the first week and 20 in the second, so would only be owed OT for 10 in the first week based on what you posted.

    Since you are in no way losing hours, I sincerely doubt you would be able to get unemployment just for a change in work schedule.
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    The hours certainly sound as if they are paying you legally.

    As for unemployment, Louisiana has a one week waiting period for UI benefits so even if you would qualify financially (i.e. the 20 hours didn't put you over the state maximum) you would always be in the waiting period each time you filed.

    You will have a free week on your hands every other week. I suggest you find a part time job.
     
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  7. whodat985

    whodat985 Law Topic Starter New Member

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    I guess my question is how can they legally change the way we’ve gotten paid for the last 4 years. The company didn’t sign a new contract. It was changed due to Covid.
     
  8. Zigner

    Zigner Well-Known Member

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    If you have an actual contract stating the hours and method in which you will be paid, then you should take that contract to a local attorney for review and advice.
    More likely is that you don't have an actual contract with the company you work for, so they can change the manner in which you are paid by telling you "this is how you're going to be paid going forward".
     
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I mentioned the existence of a contract in my first response to you and you haven't in any of your posts mentioned one. So let me ask straight out, was/is there a contract that mentions anything about the number of hours and how they are worked?
     
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  10. Zigner

    Zigner Well-Known Member

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    I THINK the OP is speaking of the contract between his employer and their client.
     
  11. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    If that is the case then everything I have previously written stands.
     
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  12. whodat985

    whodat985 Law Topic Starter New Member

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    Yes the contract I refer to is the contract between the contractor my employer an the client. It say everything over your 10 hour shift is considered overtime. Friday Saturday an sundays is over time. If we come to work Monday morning before 6 o’clock we get an hour of overtime before we even get an hour of regular pay. I understand their operating inside the law now. I was just making sure they were
     
  13. whodat985

    whodat985 Law Topic Starter New Member

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    Ps it’s the client making the changes not the contractor
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Let me just make it clear. The law requires them to pay you 1.5 your regular rate for hours worked over 40 during the weekly pay period, period.
     
  15. Zigner

    Zigner Well-Known Member

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    Then it's really none of your business.
     
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