Employer going against Company Handbook.. what to do?

posted 3 years ago in Career
Post # 3
Member
2831 posts
Sugar bee
  • Wedding: September 2014

can you make an anonymous call to HR?

i think that you have every right to question it.

Post # 4
Member
1629 posts
Bumble bee
  • Wedding: September 2011

That’s against the law actually. Anything over 8 hours in a day or over 40 hours in a week should be paid at time and a half rate for a non-exempt employee and not doing so is punishable by some hefty penalties should you choose to file a labor board claim. Is it possible your boss was mistaken or misunderstood? The only way I can understand you not getting OT is if you have not worked 40 hours this week. 

Post # 5
Member
1992 posts
Buzzing bee
  • Wedding: March 2014

@MrsZynxy:  I would document this issue by emailing yourself in a time-stamped email (not just a Word document that you can’t prove when you wrote it). I would note the issue about overtime, that the handbook states otherwise, and that your supervisor stated you will be getting regular pay. I would also note that you have had no incidents prior to this that would revoke your probation.

Then I would write an email or letter to the owner or your supervisor asking them to please clarify your rate for this weekend. I’d email it tonight.

When they say “Regular pay” I would ask if this change has been notedin the handbook, since the handbook states hours over 40 hours will be paid time and a half.

If they say yes verbally, then I would request that in writing.

Requesting things in writing scares the shit out of people. They hate to have evidence of their sneakyness. This way, if they try to pull something and fire you within your 90 days,  you have documentation of this issue.

Post # 6
Member
13 posts
Newbee
  • Wedding: November 2012

You might want to look through the archieves of askamanager.org. It’s a great blog written by a woman who worked in HR and now does consulting. I’ve been reading it for many months and I think a similar issue was discussed a few times. Some of the user comments are pretty helpful, too.

Post # 8
Member
867 posts
Busy bee

@MrsZynxy:  how overtime is paid depends on the industry. Pop into HR and get clarification to be sure before complaining!

Post # 9
Member
546 posts
Busy bee
  • Wedding: September 2013

@peasantsong:  labor laws vary by state. I used to work 12 hour days either 3 or 4 days a week.  We only received OT if we went over 40 hours, but not for working more than 8 hour days. 

Post # 10
Member
181 posts
Blushing bee

I would:

email your boss and ask for clarification (make sure to quote the policy, for proof later on)

Go to HR for clarification. Or if all else fails,  it seems like a call to your state labor board is in order.

Post # 11
Member
1515 posts
Bumble bee
  • Wedding: June 2013

Honestly if you are a week away from probabtion being over I would just document everything said and email it to yourself like a PP said. Wait the week until probabtion is over(this shouldnt effect probation but you can never be to careful)and then bring it up with HR or management.

Post # 12
Member
3635 posts
Sugar bee
  • Wedding: May 2012

@MrsZynxy:  Just saw this and am curious if you got an answer from your HR. 

Labor laws vary by state.  You can Google them.  🙂

Here, OT is paid for hourly workers over 40 hours.  I am salaried-exempt, and get NO overtime.  My husband is salaried non-exempt and get OT after 45 hours, but at not quite 1.5x.  I shouldn’t have been salary when I started here, and most of my coworkers shouldn’t be (you have to be a manager to be salaried exempt), but no one has ever sued them over it, so it continues. 

Post # 13
Member
1584 posts
Bumble bee
  • Wedding: September 2013

I am sure the law is different in the US, but here in Ontario, workers are only eligible for time and a half when they work over 44 hours – definitely check with HR I would say, even if by an anonymous call. You don’t want to be taken advantage of!

Post # 15
Member
3635 posts
Sugar bee
  • Wedding: May 2012

@MrsZynxy:  I guess if you still want the hours that would suck, but I don’t work unless I get paid (well).  🙂  Most employers are smart enough to do the math to know that paying you 1.5x for over 40 is way cheaper than hiring another person, training them, paying their benefits, etc, and having to pay the whole week just to get a few hours of extra work. 

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