Post # 1
I recently started working for a new company. I am paid hourly even though I’m full-time. I’m about a week away from ending my 90-day probationary period with no forseeable issues.
This weekend, I am being asked to work overtime. In the employee handbook, it clearly states that any hourly employee who works more than 40 hours will be paid time and a half for the extra hours. However, my boss has told me that corporate told her I will be getting paid at my regular rate.
I’m not really sure what to do about this. I’m not going to turn down the hours, no matter what the pay rate, because I could use the extra money. Of course, I would like to be paid time and a half since that is clearly what should happen according to the handbook. The owners are definitely sticklers when it comes to other policies in the handbook, so I hate how they are picking and choosing what to follow based on what is most convenient for them!!
I have never been in a situation like this before and I am nervous about addressing it since I’m still a relatively new employee. Any advice? Thanks in advance!
Post # 3
can you make an anonymous call to HR?
i think that you have every right to question it.
Post # 4
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
@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
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 # 7
Thanks everyone! This has been very helpful.
Post # 8
@MrsZynxy: how overtime is paid depends on the industry. Pop into HR and get clarification to be sure before complaining!
Post # 9
@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
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
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
@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
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 # 14
@almostmrsj: Here the law is time and a half for non-salaried workers. My boss and I made a call to HR together and right now they’re “checking” on it. I have a feeling they’re going to come back and just tell me not to work overtime!
Post # 15
@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.