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Can a company do this to an employee?

My husband works 12 hr shifts at his job and is suppose to get 3 days off one week and four days off the next. The company cut his off days to just three days off and the over time is compensated only by comp time since they don't pay over time to employees. Then they cut his off days again now he only get 2 days off and as I said before the over time will go toward his comp time; which he cannot use. If he puts in for leave the will not approve it therefore he is basically working for free. Is this legal? Is there anything I can do or are we just stuck?

Answer Question

Asked by Anonymous at 4:11 PM on Apr. 25, 2009 in Money & Work

Answers (10)
  • It doesn't sound legal to me. I'd call a labor lawyer for an opinion.

    Answer by Anonymous at 4:15 PM on Apr. 25, 2009

  • IDK, like the PP suggested, call & ask. I have learned that a lot of companies do whatever the hell they want & get away with it. Good luck.


    Answer by strongmom40 at 4:17 PM on Apr. 25, 2009

  • I'm thinking it is legal because if he were to get hurt they would have to give him the time. However it isn't a very legit company. I would also suggest checking into it but it sounds legal and if they are busy this time of year they can deny vacations to people companies do it all the time. If he calls off sick does it get used?

    Answer by ladyluck09 at 4:23 PM on Apr. 25, 2009

  • What state do you live in? I don't think what is happening is legal, but again every state is a little different. Can't do this in CA

    Answer by SonjaSC at 4:30 PM on Apr. 25, 2009

  • I think in one way it is legal, and in another, maybe not. I believe it is legal for them to use comp time instead of paying for the overtime. And I think it is also legal for them to deny time off if they are very busy, he'd have to check his employee handbook to know for sure. But the whole giving comp time but not letting them use it part sounds illegal, or at least fishy. I think the best thing to do would be to check the employee handbook and with the labor board to find out what exactly they can and cannot do.

    Answer by tropicalmama at 4:33 PM on Apr. 25, 2009

  • this is called the DuPont schedule, and it is legal. Have him read the employee handbook, if it is a large corporation chances are this is clearly stated in wages, hours, and benefits and if he is non-union that's the way it is. be glad he has a job. my guess is that he signed something to begin with at hiring saying his schedule would not be a problem. My husband is a boss and writes protocol for companies that work a DuPont schedule, and when the schedule becomes a problem for the employeed, the employee is reminded of his hiring agreements, given a verbal then written warning and then termination and escorted out of the facility.

    Answer by Anonymous at 5:53 PM on Apr. 25, 2009

  • tell him to quit and find something else

    Answer by dairyberrys at 6:15 PM on Apr. 25, 2009

  • Contact you state department of labor. Laws vary by state.

    I think that dairyberrys meant to say: tell him to find something else and quit.

    Answer by rkoloms at 6:50 PM on Apr. 25, 2009

  • Sounds like he works at Steralite. Haha.

    Answer by Anonymous at 9:05 PM on Apr. 25, 2009

  • As long as they allow him to keep accumulating the Comp time and never take it way yes they can do this. My husband had this happen to him a couple years ago only he is a manager so he really cannot complain no one cares what happens to them. Eventually things slowed down he had 2 months worth of comp days and took it all. We had fun in Fiji the whole time.

    Answer by Anonymous at 12:13 AM on Apr. 26, 2009

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