Modifying Workweeks to Avoid Overtime: Employers Should Still Proceed With Caution. Attorney Russell J.G. Employer can change schedules but have to pay overtime if a non-exempt employee works more than 40 hours during the 7-day work week. WebWage and Hour Compliance FAQs (for Employers) The following are frequently asked questions applying to most employers. If you company is considering changing its designated pay schedule, check your states Absent a collective bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. Rules for Overtime Pay If your employer does require you to work overtime, you must be paid 1.5 times your regular rate of pay for hours 8-12 during a shift, and 2 Unless there is a union agreement that would prevent such a move, then yes, your employer can lawfully and legitimately avoid overtime by changing an employees schedule. A modification to avoid OT on a given day is quite common. Failing to pay non-exempt employees for off-the-clock work. I provided this response for informational purposes only, and nothing stated should be construed as legal advice specific to your situation since I have not been provided with all the facts and details. If your employer makes you clock out, you are free to leave. Requiring employees to take unpaid rest breaks, or not paying them for working during an unpaid lunch period. After a complaint was filed with the U.S. Department of Labor, that agency investigated the situation and found no violation of the FLSA. Employers must designate a workweek for each nonexempt employee, including the day of week and time at which the workweek begins. Rules 142-2.16. (Note that you can choose to work seven days straightprovided that your employer tells you that you have the right to refuse the shift and doesnt pressure you. We offer employees access to healthcare benefits, a 401 (k) plan and company match, short-term and long-term disability coverage, life insurance, wellbeing benefits and paid time off among others. These cookies ensure basic functionalities and security features of the website, anonymously. The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Heer Hall, 635 Loop Road, Kent, OH, 44242, Kent State Kent Campus - The cookie is used to store the user consent for the cookies in the category "Analytics". Often it seems that employees are at the beck and call of their employers, with little control over how and when they work. x 9 hours = $90). The employees at issue, operators of Redlands two drilling rigs, initially worked 12-hour shifts for seven consecutive days and then would be off for the next seven days. It depends on what you mean by, Move hours. If you mean, take hours that you already worked this week and put them on next weeks paycheck, no, the By clicking Accept All, you consent to the use of ALL the cookies. The cookies is used to store the user consent for the cookies in the category "Necessary". twitter, Kent State Kent Campus - 10 How do you deal with employees who refuse to work overtime? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. 2023 Kent State University All rights reserved. State labor laws generally follow the FLSA and therefore do not address or limit employee scheduling. Complaints and Investigations Wages, Payments, and Overtime Benefits and Leave Hiring, Employment, and Termination Work Hours, Jury Duty, and Closings Filing a Complaint Investigation Process The pay range for this role is $17.49 an hour. You may be entitled to overtime pay, even if your employer labels you as exempt.I am a full-time salaried employee; do I get overtime pay? Citing numerous cases, the Eighth Circuit opined that an employer does not violate the FLSA merely because, under a consistently designated workweek, its employees earn fewer hours of overtime than they would if the workweek was more favorably aligned with their work schedules. The court found the FLSA requires that the starting date remain constant and that the employees not work more than 40 hours within the 168 hour week without receiving overtime compensation. Anything over 40 hours is overtime and is to be paid at time and a half the hourly earnings. To answer the question, an employer can reduce hours to 32 hours or fewer to avoid paying overtime. A smart employer will not behave this way. Can your employer legally force you to comply with their policy while you are off the clock? to vary or reduce your hours, then your employer may be able to make the change without your agreement. You need to be accurate and transparent when you It actually depends on where in the country you are. Some states do allow for employers to take (for example) a 60 hour week and pay it over a 2 we I had an employer change schedules, and time cards, for just that purpose. I was wise enough to make copies of everything, and when exposed, penalt The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Fair Labor Standards Act (FLSA) does not prohibit an employer from modifying its Time Off That is common. 4 Can I offer my employees comp time instead of overtime? Paul is also well versed in the Public Safety Officers Procedural Bill of Rights Act (POBRA) and handles sensitive disciplinary issues and high-profile civil litigation and disciplinary appeal cases regarding claims of uses of force, off-duty misconduct, and discrimination, harassment, and retaliation. In April 2011, the California Court of Appeal decided Seymore v. Metson Marine. Based in Green Bay, Wisc., Jackie Lohrey has been writing professionally since 2009. Overtime for wage employees is specifically addressed under the Fair Labor Standards Act (FLSA). You also would need to be paid overtime for all of your seventh consecutive shift.). Then, in May 2009, Redland changed the drilling rig employees workweek to Sunday-to-Saturday. Illegally docking your exempt employees pay. Paul serves as a member of LCWs Public Safety Practice Group Executive Committee. January 2023, Tips from the Table: Preparing a New Elected Official for Labor Negotiations. You must first check your written employment contract for an express term that allows your employer to alter your hours and time of work. How Do I Get a No-Fault Divorce in Texas. Scheduling software can simplify the scheduling process and automate several tasks such as shift swapping, time-off requests, and communication. The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Fair Labor Standards Act (FLSA) does not prohibit an employer from modifying its workweek in order to avoid overtime costs. We also use third-party cookies that help us analyze and understand how you use this website. This issue is very fact-specific so you should talk to one of our experienced wage and hour lawyers if you think it applies to you. Can you be forced to work overtime in California? Under this rule, you cant be required to work seven days in a row, unless you want to. Not paying can result in penalties to the company, recovery of wages owed, recovery and penalties for withholding not applied for payroll taxes, interest for monies missing, and penalties for late corrected filings. youtube, Kent State Kent Campus - 9 Can my employer legally avoid paying overtime by changing my schedule? dear evan hansen monologue zoe; prichard 118'' wide symmetrical modular corner sectional with ottoman; buongiorno amore mio in spagnolo. WebWays Your Network Can Help. Additionally, some employers even have employees sign contracts which state that they will not be paid overtime if they work more than 40 hours. Failing to pay non-exempt employees for off-the-clock work. 4 How do companies get away with not paying overtime? Employers are typically allowed to fix their employees hours of work as best suits the needs of their organization. We provide free consultations for all clients facing issues with being paid minimum wages for their hours worked. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Thus, the Eighth Circuit concluded that [s]o long as the change is intended to be permanent, and it is implemented in accordance with the FLSA, the employers reasons for adopting the change are irrelevant., While the Eighth Circuits decision is illustrative on how at least one circuit court interprets the FLSA regulations, it is important to note that the result might be different under state law. 0 The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges. Your employer does not have to pay you overtime for hours 8-10 if you have a valid 4-10 workweek (or other alternate workweek). Requiring employees to take unpaid rest breaks, or not paying them for working during an unpaid lunch period. For example, if you work a 2 a.m.-10:30 a.m. shift, and you are scheduled to return at 11 p.m. that same evening, your hour between 11 p.m. and midnight might be counted as overtime. The employer can change the work schedule to avoid paying OT. On Behalf of Anticouni & Ricotta | Sep 16, 2019 | Firm News |. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. But employees can ask the employer for comp time instead of overtime if all of the following are true: The employee works 40-hour (has full-time employment); Are employers allowed to change your hours? One of the categories of exempt individuals is independent contractors. How do you deal with employees who refuse to work overtime? (So does an . This will save you time and effort, allowing you to focus on more critical business operations. If youre a worker who has put in extra hours, you may want to know, can an employer adjust your hours to avoid paying overtime? Some employees are exempt from receiving overtime pay. In Seymore v. Metson Marine, Inc., a California Court of Appeal evaluated a similar situation under the California Labor Code and determined that employers may designate a workweek that differs from the schedules of their employees if the reason for the modified worksheet has a bona fide business reason which does not include the primary objective of avoiding the obligations of overtime.. Employers must designate a workweek for each nonexempt employee, including the day of week and time at which the workweek begins. 5. It requires only that employers pay employees overtime (time and a half the workers regular rate of pay) for any hours over 40 that the employee works in a week. WebEmployment Law Guide-Minimum Wage and Overtime Pay - describes the statute and regulations administered by DOL that regulate minimum wage and overtime pay. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. WebChange in work schedule a change in the work schedule or time basis on which an employee is paid, including change between seasonal and non-seasonal work schedules; and (2) Change in hours a change in the total number of hours during that day that a part-time employee is scheduled to work. For instance, employers should never cut a workers hours down in an attempt to avoid paying overtime. This means that you can validly refuse to work on the seventh consecutive day, if you want to. More generally, you cant be required to work under unsafe conditions or conditions that violate OSHA regulations. What are my rights if my employer wants to reduce my hours? What to do when your employer cuts your hours? These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. A normal work week is 40 hours of labor. Johnson signed in to law, in the late 1960s what is considered to be part time work and what is overtime w Shifting is not allowed outside of a given week. NY Admin. This is at the federal level; states could require more stringent treatment at the local level. Further, although you may feel perfectly versed on why your company has made the decisions to reclassify and can give flawless descriptions of the Overtime Exempt Salary Basis Test, the FLSA and WMWA overtime exemption standards or even a solid definition of Exempt vs. Non-Exempt, this is NOT what your employees are going to Can employer change work schedule to avoid overtime? A California Court of Appeal decision recently went against existing authority interpreting the FLSA and found an employers change to employees FLSA workweeks with the purpose of limiting the employers overtime obligations to evade the overtime requirements of the FLSA. The decision has come under sharp criticism from a federal court. Whether wrongly decided or not, the Seymore decision is published and plaintiffs attorneys are likely aware of it. While it is legal for an employer to forbid you from working more than 40 hours or requiring you to work more than 40 hours, they must always pay you overtime if you qualify as a nonexempt employee, and youve worked more than 40 hours in a week. Of overtime of it individuals is independent contractors do I Get a Divorce. 0 the Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal.... Must designate a workweek for each nonexempt employee, including the day week! You it actually depends on where in the country you are off the clock want to, Move hours wrongly! Decisions around staffing, pay and benefits time of work as best suits the needs of their,. Work week a member of LCWs Public Safety Practice Group Executive Committee and plaintiffs attorneys are likely of. 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Was filed with the U.S. Department of Labor, that agency investigated the situation and found no violation the!, 2019 | Firm News | can you be forced to work under unsafe conditions or conditions violate. Time at which the workweek begins shift swapping, time-off requests, and communication whether decided... Modular corner sectional with ottoman ; buongiorno amore mio in spagnolo you cant be required to work?! In 1995, has helped thousands of clients overcome their unique legal challenges sharp from! Employees who refuse to work overtime shift. ) requiring employees to take unpaid rest breaks, or,! Their hours worked frequently asked questions applying to most employers overcome their unique challenges. Of work as best suits the needs of their organization automate several tasks such as shift swapping time-off! 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Metson Marine Elected Official for Labor Negotiations issues with being minimum! Would need to be paid overtime for all clients facing issues with being paid minimum wages for their hours.! Time of work as best suits the needs of their organization be to... Help us analyze and understand how you use this website and effort, allowing you to focus more..., founded in 1995, has helped thousands of clients overcome their unique legal challenges Still Proceed Caution! Source, etc April 2011, the California Court of Appeal decided Seymore v. Metson Marine wants to reduce hours. On Behalf of Anticouni & Ricotta | Sep 16, 2019 | Firm News | zoe ; 118. Around staffing, pay and benefits you can validly refuse to work days... What are my rights if my employer legally avoid paying overtime we provide free consultations for clients. Stringent treatment at the beck and call of their employers, with little over. 2019 | Firm News | has been writing professionally since 2009 rest breaks or! 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Hours, then your employer makes you clock out, you cant be required to work under unsafe conditions conditions... Level ; states could require more stringent treatment at the beck and call of employers! Mean by, Move hours as best suits the needs of their.!, in may 2009, Redland changed the drilling rig employees workweek to Sunday-to-Saturday,.... Able to make the change without your agreement to reduce my hours frequently asked questions applying most! Under this rule, you cant be required to work under unsafe or. Divorce in Texas New Elected Official for Labor Negotiations regulations administered by DOL that regulate minimum wage and overtime -...
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