My boyfriend has his contracted hours from 7:30 - 4:30 and he is paid accordingly. At 4:30 he is expected to pick up another member of staff and run him back to the yard where they work. This takes him to 6 and he does not get paid for the hour and a half running him around? Is there a law against this?
He spoke to his boss and his boss just said "thats why you have a company van whether it inconveniences you or not". There is nothing mentioned about this in his contract or the company policy that work staff with a van are responsible for getting everyone else to and from work.
Surely there must be some kind of law against this as he was not told he had to do this when he started his job ages ago (this has just started happening) and it reads nowehre in his contract, and surely this is classed as overtime and surely he should be paid.
Anyone have any good advice on this matter?
Scarlet x
2007-03-23 01:53:31 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If he is required to pick up the other party and would be fired for failure to do so then he should be paid for his time. He should be paid for his time regardless if he is doing this at the company request. However there are other things to consider.
A. Does he use the company Van for personal use when he is not working? If so he must declare the value of having a company car as part of his income for tax purposes and if he does not do that he could open a can of worms not worth the difference in pay.
B. Jobs are not easy to find these days and if he is otherwise well treated and content at his employment he might be better off to just leave the status qou. I once worked for a company that did not pay overtime but allowed you to put it in if you needed to in order to meet the demands of the job. One could easily force them to pay it if they documented it but would surely lose the job once they did on some other pretext. Having the job was more important at the time than collecting the overtime.
C. Legally, regardless of contracts, if he is an hourly worker he must be paid overtime but if he is paid as a salaried employee He would make say, 500.00 a week and be paid that if he worked 30 hours or 40 or 50. So if he is salaried overtime pay does not come into it.
2007-03-23 02:11:16 · answer #1 · answered by Robert P 5 · 2⤊ 0⤋
It's hard do say if something is against the law without knowing where you are and what the labor laws are there. Since your BF is a contract employee, what does his contract say? If his contract says that his work hours are 7:30AM-4:30PM, then he can tell his boss to stuff it with the extra hours. Of course, he might get fired. If the contract does not state specific hours but only gives an amount per hour that he gets paid, then he has a claim for the 90 minutes of running around on company business.
It all comes down to his contract. As a contract employee, he is very likely exempt from overtime laws and can't be paid the usual time-and-a half for overtime hours. However, he should at least be paid straight time. Again, it should be spelled out in the contract.
Good luck!
2007-03-23 09:01:17 · answer #2 · answered by mimi4monster 2 · 2⤊ 0⤋
Hasn't your b/f seen the sign that is posted at ALL work places? You know, the Right to Work poster and the 800 numbers to contact, if there is a violation? If he has a contract, that would lead me to believe that he is in a union. Hasn't he voiced his opinion and concern to them?
2007-03-23 08:58:35 · answer #3 · answered by auditor4u2007 5 · 0⤊ 0⤋