I worked as the second shift supervisor. In Nov. of 2004 my company went to one shift and at that time the company had decided to keep me on. It is now 2007 and the company is healthy. Yesterday my manager said to me that he wanted me to change my hours because he could not justify me working overtime during the week, since he has two supervisors and the other one is on salary and hourly. He told me that it is fine for me to work on Satrudays. This will be taking 5-10 hours of OT away from me just because I'm hourly?? Please help my understand is this legal?
2007-02-15 02:58:38 · 13 answers · asked by wendy 1 1 in Business & Finance ➔ Corporations
Yes it's legal...unless you have some sort of contract (which is very rare for hourly employees) you are not entitled to overtime.
Overtime is at the discretion of the employer. The fact they allowed you to work 5-10 hours of overtime per week does not entitle you to those hours.
Just be glad you have a job. In many states, employers can fire you for any reason they see fit. (http://en.wikipedia.org/wiki/At_will_employment)
If you complain too much, they might switch you to salary as well. (Because you supervise other employees, you could possibly qualify for "exempt" status.) That would pretty much mean no overtime, ever. Or..they could just fire you.
2007-02-15 03:01:55 · answer #1 · answered by Yep! 4 · 0⤊ 0⤋
Yes, it's legal. Unless you have an employment contract that says otherwise or your state has labor laws against it. It sounds like your manager is trying to cut costs for whatever reason. It may be a ruling from the owners or corporate, or he may just be looking to fine tune things.
Either way, he is allowed to change shift hours and who works when. Having staff on overtime, all the time, is expensive and often unnecessary. Overtime should only happen under special circumstances and should not be a standard process in day-to-day operations.
If you can look at your hours and work load and make an effective argument as to why it should remain the same - try it. I don't think you'll succeed, but you know your job better than I do.
Sorry you're being shorted on hours, but maybe it's better to look at this as an opportunity to do something different - like start a class or look for p/t work in another company or start a side business of your own.
Good Luck!
2007-02-15 03:09:16 · answer #2 · answered by bionicbookworm 5 · 1⤊ 0⤋
It's simple labor cost management. OT is an elective thing. The company can chose to eliminate it at will by restructuring the employee schedule. Supervisor or not. If you are paid hourly and are a full time employee. They are required to work you up to 40 hrs per week, yet, no less than the part-time maximum. "30-36 hrs depending on the state you live in." You should be thankful that you weren't simply let go when they eliminated your shift. It sounds like your boss is doing everything he/she can to prevent this.
2007-02-15 03:08:54 · answer #3 · answered by Ricky J. 6 · 1⤊ 0⤋
Sure it is legal. Understandably the company has a desire to lower its costs. Overtime is very expensive. The company has the right to change your shift or even fire you if they no longer need you. Be happy you still have a job and strive to work harder so you can get a salaried position in the future.
2007-02-15 03:03:03 · answer #4 · answered by Plasmapuppy 7 · 1⤊ 0⤋
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2016-09-29 03:47:01 · answer #5 · answered by ? 4 · 0⤊ 0⤋
i do not know in which country you are working because the labour act will vary from country to country. but it is not mandatory on the part of the management to give over time unless and otherwise it is specifically required. but they cannot keep you away with out giving you work and give overtime to the other person. so you are eligible to work for 8 hours per day and 6 days in a week. in the mean time you make feel them your importance by taking a long leave or if he goes on leave do not do overtime.
2007-02-15 03:09:01 · answer #6 · answered by ayal p 3 · 0⤊ 1⤋
Of course it's legal. If you are hourly (non-exempt) then your boss approves any and all overtime that you get. If he wants to cut back on overtime, he can.
And most companies have their salaried (exempt) employees working the majority of hours because they don't have to pay us anything extra. Perfectly legal.
2007-02-15 03:03:11 · answer #7 · answered by kja63 7 · 1⤊ 0⤋
Sounds legal. Your basic compensation package is all you are entitled to - overtime is exactly that, above and beyond, and every good manager wants to cut back and eliminate overtime.
I don't know the particulars of your contract but from what you describe, sounds legit.
2007-02-15 03:03:19 · answer #8 · answered by Uncle John 6 · 1⤊ 0⤋
Unless you guys are a union shop, and the change is against union rules, then of course it's legal. Why wouldn't it be? Have we gotten so damned socialist in this country that an employer can't even decide for themselves how to staff their operation?
2007-02-15 03:03:29 · answer #9 · answered by I hate friggin' crybabies 5 · 1⤊ 0⤋
It sure is.
Your manager can adjust staffing as necessary to make sure the company remains profitable.
He can choose whose hours he adjusts without explaination.
2007-02-15 03:03:37 · answer #10 · answered by Stuart 7 · 2⤊ 0⤋