Overtime, Comp Time, or Nothing

[thepaddy]

What is the name of your state? California

Hi,

My wife is a Social Worker with Child Welfare Services for the county in which we reside. She has been on disability for the better part of the last year and just recently returned to work. During her first week back she was required to stay an extra 1.5 hours after her 8 hour shift to log a phone call. The following week she was told that she would not be getting overtime for the time she worked and that she would not get Comp time for the hours she worked because it wasn't "preapproved". Forget the fact that her supervisor required her to stay the extra time. Management's solution "come to work 1.5 hours later". What if she doesn't want to come to work 1.5 hours later? When she returned to work (after disability) she requested that she have the ability to come to work an hour earlier than the schedule. She was told that she doesn't have a flex schedule and therefore cannot do it. So my questions are how can they change your schedule even though it's not flexible, not pay overtime or comp time, and can they REQUIRE you to work past 8 hours? Can you refuse?

Thank You

 

[Beth3]

So my questions are how can they change your schedule even though it's not flexible Because it's management's perogative to determine the hours of work and change them when they feel it's appropriate.

not pay overtime or comp time Because no law prohibits an employer from changing the balance of the employee's work week to avoid paying overtime or providing comp time.

and can they REQUIRE you to work past 8 hours? Yes.

Can you refuse? Not without running the risk of being disciplined and perhaps even terminated.

 

[SuzieWahoozie]

California

While I agree with most of what Beth has told you, if I were you I'd call the CA Dept. of Labor as I believe in CA an employer has to pay OT for any hours worked over 8 in a day. However, I am not located in CA, so I do not know the specifics. I do not know if "comp time" is an acceptable alternative; allowing an employee to come later another day is an alternative (I wouldn't think so); whether or not the time only has to be paid if approved, etc. Call the CA DOL...they should have your answer.

 

[Beth3]

Suzie, you're right. I missed that the poster was in CA. CA does require time and a-half be paid for all hours worked over 8 hours/day although there are circumstances in which that requirement can be waived. Given that the employee works for a government agency, it's possible they are exempt from that requirement. Wage and hour and other employment laws that private sector employers have to comply with sometimes include exemptions for the public sector.