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A "right" to over-time pay?

Some issues came up at work on Thursday that made for a LONG night. I let the supervisor know before he left that because of the delays earlier in the day, that i would be there late, and that would mean I would be getting OT. He said "that's okay - you can just come in late tomorrow"

1. I did that the week before and got wrote up, because i didn't have it in writing that it was "ok" to come in late.

2. If I have to work over - I think I should get paid a little extra to do so.

3. I CAN'T leave until the work is done... so when the situation comes up.. it's not like I have a choice.

What are your thoughts? Do you think if you work overtime today that they should be able to cut you short the next day to "make-up" for it? Or do you think you SHOULD get paid OT - because you EARNED it?


Asked by Anonymous at 6:13 AM on Dec. 15, 2008 in Money & Work

This question is closed.
Answers (3)
  • Your employer can ask you do come in late to even your hours out so you don't go over, but he can't write you up for it when he told you to do it. My Dh works 45 hours a week, any more or less and he gets a write up. So, if he works over one day, he knocks off and comes in late the next day. It's a common practice. You should not have been given a write up, that I would contact wage and hour should have a poster in your break area with the numbers, they are required by law to have them up.

    Answer by RenaeMom3277 at 9:03 AM on Dec. 15, 2008

  • You need to get a copy of your job description. You also need to have a sit down with the top supervisor and get it in writing what the rules are. I wouldnt work for someplace that doesnt pay overtime.

    Answer by mistynights234 at 6:21 AM on Dec. 15, 2008

  • Laws vary by state, so you would have to speak with a labor lawyer or a member of the state labor board to find out the rules in your state. Here in California, the general rules are anything over 8 hrs/day or 40 hrs/week is paid time & a half. Anything over 12 hours a day is paid double time. There are exceptions: physicians, dentists, scientists, artists, computer programmers, outside sales. Basically there is a minimum wage standard that those positions have to meet (here it is 2x's the state minimum wage) in order to be exempt from overtime. For example, if you're in a salaried white collar position, like a car salesman, you have to make a minimum of $2946/month in order for your employer to be exempt from overtime rules. For someone like a physician, that goes up to $6260/month).

    Answer by jespeach at 6:51 AM on Dec. 15, 2008