DO you know if this is legal??
By Debs_place
@Debs_place (10520)
United States
May 15, 2008 8:37am CST
I am regularly scheduled for overtime at work. And for the first time in I can't remember when I am being scheduled to get a holiday.
So here is my question, I was told that if I take a vacation day, holiday or sick time during a work week that of course my holiday, vacation or sick time will be charged to me but if I work 40 or more hours that week I do not get paid OverTime.
For example, Tuesday, wednesday and THursday I work 13 hours each day, on Friday I work 10 hours so now I am up to 49 hours. For that work week, they will take one of my sick days and I will only get paid straight time instead of time and a 1/2 for my hours over 40.
That to me seems to be double dipping - they can take my sick time from me and not pay me for OT...it would just seem that if this happens that they either do not use your sick time or they pay you the time and a 1/2.
So, is it legal for an employer to do this?
3 people like this
16 responses
@katsmeow1213 (28716)
• United States
15 May 08
I believe that is legal, although it may depend on what state you're in.
My husband works about 50 hours a week. He is now salary, but when he was an hourly employee, I remember holiday weeks he was paid 48 hours straight time for that holiday pay. Weeks when there was no holiday he got 40 hours straight time, and 8-10 hours overtime. I didn't think it was right either, but I believe it is legal.
2 people like this
@Debs_place (10520)
• United States
15 May 08
That sounds like where I work, it seems everything works out to benefit the employer.
1 person likes this
@katsmeow1213 (28716)
• United States
15 May 08
I don't really view it that way with my husband's job. Granted the company is trying to save money, but with my husband's company, I have met the owner. He is not a millionaire, and he is very involved in his company, which is rather large. I think it's just one of those things that works that way, you know.
@sweetcake1369 (210)
• United States
15 May 08
I know that here if you have a vacation day or holiday you are only payed straight pay even if over 40 hours. May depend on state but I doubt it. I think its all company policy. All legal.
2 people like this
@Debs_place (10520)
• United States
15 May 08
I wonder if that also happens in a union shop? I personally think it is not right or at least the company should be upfront about it.
I can't afford to live on my regular salary and now will be working more hours for less money.
1 person likes this
@sedel1027 (17846)
• Cupertino, California
15 May 08
I do not think it is. I believe that even though you take a sick or vacation day, if you are over 40 hours, you have to be paid the OT.
2 people like this
@Debs_place (10520)
• United States
20 May 08
That is what I thought, but they don't pay us the OT unless it is 40 hours worked.
@Polly1 (12644)
• United States
15 May 08
I am not sure if its legal or not. It is rotten of them though. There are different rules for different industries. I would check with wage and labor on the laws for your area and job. Sometimes jobs have rules posted too about hours worked and the minimum age allowed to work. Good luck.
1 person likes this
@Debs_place (10520)
• United States
20 May 08
Minimum wage is published, that is the law. Hours and OT laws are not posted at all.
@chiyosan (30186)
• Philippines
15 May 08
some companies do not pay overtime. you have to go check your offer sheet, and your contract if you are qualified for over time.
so even if you have "over time" technically these are not valid hours to be paid by the company. you dont get to offset this too if your company does not have it... so when you go on a half day or whole day off on monday, for example, that is 4 or 8 hours minus your paid hours.
that is legal actually.
better check your offer sheet and contract. :) if you are qualified for an overtime pay, then go to your supervisor to have your overtime verified and acknowledged, otherwise those are "OTY" - OH thank you... ;)
1 person likes this
@Debs_place (10520)
• United States
20 May 08
We have no contracts or offer sheets. I don't think they put offers in writing other then salary.
@Debs_place (10520)
• United States
20 May 08
Naty, I am starting the hunt for a new job right now. At this point I am very frustrated.
@Thoroughrob (11742)
• United States
4 Jun 08
I don't think it is legal. I would call the labor relations board and find out. I can't see how they can pay you sick pay for hours worked.
@GardenGerty (169448)
• United States
17 May 08
It may vary from state to state, and in different types of employment. I work in the same field and there is no holiday pay, even if you are full time, I believe. I would check with your state wage and hour board or it may be called fair labor practices. I think that would be through the State Department of Labor. Like I said, certain types of employment seem to be able to get away with those things.
@hockeygal4ever (10021)
• United States
19 May 08
I would think it's not legal at all. Contact your state representative and find out for sure. Unfortunately in today's economy employers are getting away with anything they want because there's a line out there to fill your spot in an instant.
@slickcut (8140)
• United States
17 May 08
That is totally unfair..Sick days are allowed and vacation is your vacation,they cannot legally take it away from you..You need to get ahold of the labor board and ask a few questions because this is not the way it is supposs to be...You are allowed all your vacation days UNLESS YOU decide to take one,they cannot take them from you to keep from paying overtime hours...
@heavenschild (4777)
• Canada
15 May 08
I really don't think it is right that you took a sick day and now they are taking your overtime away from you! jonesy123 has explained that some employers compensate for you on your missed day by paying you regular rate but then the sick day should still be available for you....I would say, you really should get paid the over time!!! My husband always gets his Over Time pay whether it is a holiday etc or not!
~Heavens~
1 person likes this
@Debs_place (10520)
• United States
15 May 08
It sounds like your husbands employer is a good employer who wants to be fair to the employees. Too bad they all aren't like that.
1 person likes this
@tyc415 (5706)
• United States
15 May 08
That does not sound right to me but I have no idea what the law is on those things. I know that my husband gets a week of sick pay and a weeks paid vacation plus paid holidays. If he gets called out on a holiday to work he gets paid regular pay since he is already getting paid for that day. When he does get overtime they always pay him his overtime pay and never use sick days as pay.
Please check into the legality of it in your state.
1 person likes this
@Debs_place (10520)
• United States
20 May 08
Several people are checking into it. It just seems like the place is double dipping.
THe 'professional people' work salaried, but if they work 60 hours in a week and then end up taking a sick day - they lose the sick day. One of the new nurses told me she worked 60 hours (Sun-Mon-Tues-Wed) and got in an accident after taking one of the guys to the hospital - her car was totalled and since she only had one sick day, she got paid for 32 hours that week because she did not work her regularly scheduled 8 hours on Thursday and Friday.
@jonesy123 (3948)
• United States
15 May 08
If you were sick on Monday, it's a sick day. Some companies allow for the sick day to be substituted by overtime instead, which means you use those overtime hours and get paid at regular rate. In that case you don't lose a sick day. They can't do both though. They can't take a sick day and then take the overtime as well as a substitute for the sick day on top of that. Make sure you understood it right. You should at least still have the sick day to use another time.
1 person likes this
@Debs_place (10520)
• United States
15 May 08
That is my interpretation...it sounds like they are double dipping to me.
1 person likes this
@Samanthavv (1380)
• United States
16 May 08
That does seem like it's a little unfair, but it very well could be legal and perfectly legit. I would call up the BBB (the better business beareu (sp?)) and ask them about it. If it's not legit, they'll hop to it and get your employer to start following the rules. I wish you luck and hopefully it works out in your favor.
@miracleman2008 (173)
• United States
16 May 08
I don`t think they can do that.but you need to call the dept. of labor. they know the law for that kind of problem.
