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Unpaid OvertimeMy wife works for a hospital and is a non-exempt hourly employee eligible for overtime. She recently worked 1/2 hour over the standard 40 hours and is therefore eligible for overtime for the 1/2 hour. Her employer has an unwritten (and until recently unspoken) policy to not pay overtime by adjusting schedules (i.e. come in late, leave early) mid week to ensure the 40 hours is not exceeded. In the past they have also used "comp time" in place of overtime to be used at a future date. My wife submitted her time sheet with the 1/2 hour added and her manager adjusted it to remove the 1/2 hour (and initialed the time sheet). Can a manager tamper with an employee's time sheet without consent AND do I have cause to formally submit a wage complaint with the Attorney General's office? Attorney answers (2)
Reputation Level 8
Answered almost 3 years ago.
Employment / Labor Attorney in Boston, MA.
you can't file a complaint only your wife can. She has a valid complaint if she was asked to work over 40 hours, but if it was her idea to work more than 40 hours, it may be a different story. You don't say why she worked over 40 hours. If she was asked to work the extra time that's one thing, but if she took it upon herself to work more than they wanted her to, that's another.
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Reputation Level 13
Answered over 2 years ago.
Employment / Labor Attorney in Boston, MA.
Regardless of whether the extra half hour was authorized, if she worked it she is entitled to payment for it. She should raise the matter with H.R. If they do nothing, she can file a complaint with the Attorney General and/or the U.S. Department of Labor. That said, although she can't be terminated for filing a complaint, she could face discipline for working more than authorized.
Note--only public sector (government) employees are eligible for "comp time". Private sector employees are not, and that sounds like a pattern of illegal behavior. Your wife and her coworkers might want to speak with an attorney. Sincerely, Jay M. Wolman ____________________________________ Jay M. Wolman, Esq. D'Angelo & Hashem, LLC 6 Beacon St., Suite 505 Boston, MA 02108 (617) 624-9777 (ph) (617) 624-0999 (fax) Jay.Wolman@lawyeradvocates.com Admitted to practice in MA, NY & DC ____________________________________ The information presented in this response is not intended to form an attorney-client relationship nor is the colloquy protected by an attorney-client privilege or work-product rule. The answer provided is based solely on the minimal facts presented in the inquiry and represents only a preliminary and hypothetical response and analysis. It is not to be considered as legal advice and is for information purposes only. If you wish specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation. This is not intended to constitute legal advertising or solicitation, but rather to educate. Related Questions2 Attorney answers:
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