Can my boss take away overtime earned??

[shadowcop]

What is the name of your state?What is the name of your state?What is the name of your state?Arizona.

Several officers and myself have discovered that our boss has changed our time sheets after we documented our time and signed the form. Our time was justified as we were relieved late by the on comming shift. Our supervisors were completly aware that we were still at our duty post but our deputy warden refuses to pay us. When a few of us questioned her and asked why she took the time off of our PAR (positive attendace record) she said she had not approved any overtime. We pointed out that Department Policy said we had to be paid for any time worked over eight hours or our supervisors had to "flex" us out before the end of the pay week. She said, and I qoute, "policy doesn't apply to you". She went on to say since our shift supervisor hadn't "flexed us out" we were out of luck.

Is this legal? Can she just decide when we get paid overtime? The Warden and his boss both have supported this action in the past so we feel there is no one we can bring this issue to. I thought since we were still at work doing our job that we had to be paid. Any suggestions to whom I might ask these questions.

This is a seperate issue from my last post and not related.

 

[cbg]

No, this is not legal. If you worked the overtime, you MUST be paid for it, regardless of whether it was authorized or not.

They MAY discipline you for working unauthorized overtime, in any way they see fit up to and including termination, EXCEPT by refusing to pay it.

You can file a complaint with the Department of Labor.

 

[shadowcop]

Thanks, at least I know its not legal. And you are correct about the disciple. They are trying to disciple other officers now for working overtime that wasn't authorized. I really don't understand this at all, I mean it makes no sense. We must wait at our duty post until we are properly relieved. It's considered grounds for termination and possible criminal charges to abandon your post when you work at a prison. So, if we are not relieved before our shift is over we must remain "on duty" without pay. Oh, I understand that they 'must pay us', but if you press the issue with my employer you get discipled and threaten. The warden will tell you to start looking for a new job. Or, more to the point, "You do it again and you're gone!"

I can't afford to loose my job. There aren't many jobs close to my town as it is and none with benifits. If any us file a complaint against our bosses we are afraid they will find out and place us under investigation until they have "found" enough "dirt" to fire us. We only know this because within the past year they have done this to half a dozen people in my unit. All but one had either filed a greivance against either the warden or one of his deputy wardens are spoken out againt policy or the warden's version of the policy. Four of these officers have filed suit for wrongful termination.

I was just wondering if what they were doing was legal. Now I know. This was why I got on this forum in the first place. To see which of the many things we as officers believe is wrong might just be wrong by law. Not sure what we will do with the info. I'm a State employee whos Big Boss, Director of Prisons, was roommates with the governer in college.

Well. Thanks again. You have been very helpful.