Working OT
GLC
174 Posts
We have an hourly EE whose position has been cut to PT eff. next month. I had a conversation with her today about this move and now she informs me that she has worked many hours over the last few years and did not get paid for the time. She said many years ago she was informed by our payroll clerk that even if she worked 40 hours, she could only be paid 37.5 hours (what we normally work in a week). I told her that was not true, that she is to be paid for all time work.
I spoke with her supervisor, and she said she has told this EE on many occasions to flex her time if she has a long workday on a Monday, a shorter day on Tuesday, etc. so that it equals 37.5 hours. The supervisor said she has sent memos to this EE regarding this issue. The supervisor also told the EE that if she chooses to come in 45 minutes before start time, she will not be paid until her officical start time.
The EE acknowledged to me that she knew she had not flexed her time for the week many times like she was suppose to, often times because she could not leave due to her job (medical assistant). She said many times the doctor would need her to stay late. She never reported this to her supervisor or HR. Isn't it true that we would NOT need to pay her if we have in writing that she would not be paid if she chooses to come in much earlier than her shift starts? I have also read that an employer has to pay an EE if they knew the EE worked OT and allowed it. Would we still need to pay her if we sent memos to her to flex her time and she did not? She will say she could not leave right when her shift ends because of the job. Her supervisor, on the other hand, will say she could have left but chose to stay late.
I spoke with her supervisor, and she said she has told this EE on many occasions to flex her time if she has a long workday on a Monday, a shorter day on Tuesday, etc. so that it equals 37.5 hours. The supervisor said she has sent memos to this EE regarding this issue. The supervisor also told the EE that if she chooses to come in 45 minutes before start time, she will not be paid until her officical start time.
The EE acknowledged to me that she knew she had not flexed her time for the week many times like she was suppose to, often times because she could not leave due to her job (medical assistant). She said many times the doctor would need her to stay late. She never reported this to her supervisor or HR. Isn't it true that we would NOT need to pay her if we have in writing that she would not be paid if she chooses to come in much earlier than her shift starts? I have also read that an employer has to pay an EE if they knew the EE worked OT and allowed it. Would we still need to pay her if we sent memos to her to flex her time and she did not? She will say she could not leave right when her shift ends because of the job. Her supervisor, on the other hand, will say she could have left but chose to stay late.
Comments
Good luck!
Nae
Good Luck.
It may be a good time for you to hold a refresher course on time reporting, flex-time and scheduling! Its amazing what employees forget over time.
Good luck - I hope you avoid something ugly here!