Do we have to pay for this?
LindaS
1,510 Posts
Today our company is having a mandatory meeting. All actively working employees were notified of it in advance and it has been scheduled so it will end at the same time the NORMAL 1st shift ends.
We have several positions whose schedule requires that they start earlier than the rest of the shift and they were instructed to start at the NORMAL start time of 7:00 instead of 6:00. Because of a heavy workload in these departments they were able to still come in at 6:00 this morning and will work, and be paid for, the extra hour.
We have one employee who acts as the janitor and she was instructed that she was to start at 7:00 but she chose to not listen to her supervisor and reported at 6:00 (her supervisor doesn't come in until 7:00 so he didn't find out about it until then). Anyway now that she will have her 8 hours in by 2:00 (because she didn't do as instructed), do we have to pay her for the 1/2 hour OT if we mandate that she come back for the meeting?
I think I know the answer but want to be sure...
We have several positions whose schedule requires that they start earlier than the rest of the shift and they were instructed to start at the NORMAL start time of 7:00 instead of 6:00. Because of a heavy workload in these departments they were able to still come in at 6:00 this morning and will work, and be paid for, the extra hour.
We have one employee who acts as the janitor and she was instructed that she was to start at 7:00 but she chose to not listen to her supervisor and reported at 6:00 (her supervisor doesn't come in until 7:00 so he didn't find out about it until then). Anyway now that she will have her 8 hours in by 2:00 (because she didn't do as instructed), do we have to pay her for the 1/2 hour OT if we mandate that she come back for the meeting?
I think I know the answer but want to be sure...
Comments
[url]http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm[/url]
"Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked."
You could always send her home at 2:00 without letting her work until 2:30. There's always the other idea that you could write her up for not following instructions or you could ask her not to come in at normal time tomorrow - but if the time is there - you have to pay.
My $0.02 worth,
DJ Th Balloonman
She must be paid for time worked.