|
|
| *Ostroff, Fair and Company>>>Law & Legal |
Can an employer make my husband work overtime unpaid,? |
my husband started work there last month, he is not staff and does not get paid if he's off sick or anything else. his contract states he has to do overtime but it doesnt state its unpaid. but they are pressuring him to work over unpaid. he has said he'll work over but wants paying for it. he works nights as well if that makes any difference, 7pm till 5am, and has to get 2 buses. please help because they keep saying rember your on probation. do we have any legal leg to stand on No one can make you do anything unpaid...yes you do have a leg to stand on! They are doing something illegal! He really should have made them explain that he would not be getting paid for overtime. Threatening him with his probationary status is just a way to keep him in line and the longer he puts up with working unpaid overtime, the less he will be able to do anything about it., since the company will say he accepted it willingly by continuing to do it. Seriously, he should get the heck out of there now! There has to be another job in that area he can work at. And next time if the contract is unclear on any point, ask questions and get it in writing! A job is a job, no matter what hours he works, so that should not be a good or acceptable reason for them to work him overtime. Contact your local Employment office, they can tell you what you can do about it. They can also help your husband find a better job. The company's conduct is a violation of fair employment and wage statutes in most states. Unpaid overtime with the implied threat of being fired if one doesn't comply may even be a violation of your husbands civil rights depending on the circumstances. Contact your state's department of labor (they are called by various names in various states) and file a complaint. In some cases, your husbands name will not be used but a they state may demand the company turn over all its records regarding employee hours. See California V. Albertsons. Depends! no, not unless he is salary. wow. You're one of the very plentiful unlucky american families. Your pretty much screwed unless your husband can find another job. Its morally wrong for the company to make the husband do that. But not illegal based on the contract. Why'd you accept that contract anyway? That was stupid. You should have said "20 sick-days and paid overtime, or no deal." By plentiful, I mean there's many families like you. If he is a non exempt employee (paid hourly) he must be paid overtime. Unfortunately, you do not mention what type of work your husband does. FLSA (Federal Labor Standards Act) is very clear as to what positions must be paid overtime (i.e., plumber, field technicians, help desk, receptionist, security guard, mechanic just to name a few.) What you can do is contact your state Department of Labor and inquire if the type of work your husband does meets the exempt or non exempt criteria. |
| Tags |
| Corporations Other - Careers & Employment Technology Marketing & Sales Law & Legal Health Care Government & Non-Profit Food Service Financial Services Administrative and Office Support |
Finance Categories--Copyright/IP Policy--Contact Webmaster |