Can my company take away overtime pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my company take away overtime pay?
I work in an 8-5 office in which occassionally I every month I have meetings that go until 6 or 7. I have been getting time and 1/2 pay for the overtime work. My employer now wants me to come in an hour or two late on the mornings of the meetings instead of paying overtime. This will put me behind on my work and then he could complain that I am not getting my work finished. Is it legal for him to ask me to come in late? Out of an office of 11 I am the only one who he has made this request.
Asked on June 30, 2009 under Employment Labor Law, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Unless you have an employment contract, you are an employee "at will," which means that your employer doesn't need a reason to change things around -- you can be fired, or rescheduled, or have your hours cut, for no reason at all.
The only exceptions to that are for illegal reasons, like racial or religious discrimination, or retaliation for filing a workers compensation claim, to name a few examples. You haven't mentioned anything that fits into something like that, but if there's more that you haven't included in your question, that you think might match up to something exceptional, please have all of the facts of your case reviewed by an attorney in your area. One place to find qualified lawyers is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.