FLSA Question

sjb1023

A non-exempt employees normal working days are M-F. If we want the employee to attend a meeting on a Saturday, can we mandate or allow the person to take another day during that same week off?

It seems like we'd be mandating the use of comp time vs. paying OT.

Thanks

Don D

Shifting or redesignating work hours in the same 40 hour work week isn't related to comp time. You can do that. Comp time is the time over 40 hours that might be shifted to another work week (often lot legally).

Beave

If it's a union position, I'd look at the contract to see if it's addressed there. If it's not addressed in the union contract or it's a non union position I would see it as a management right like Don said.

Pork

SJB: Put yourself in the ee's shoes. If I want good solid and enjoyed training to take place I would arrange the training to be conducted during an off shift. Given that is not available pay the employee to be there, afterall the company is going to reap the benefit of a well trained and happy employee. I would see through the companies right to adjust my work schedule and now occupy one of my Saturdays that I usually have for my personal needs. I go deer hunting every week end and I have invested a lot of money in order to do that, so don't come to me messing around with my week-end just to save the company a few cents!!! This is going to make me cross over the line and now I am looking to establish a UNION in order to protect my week-ends. You can do it but I do not recommend it. We teach during the individuals shift to keep from interferring with personal time off!!!

PORK

marc

Pork makes some good points. Sometimes the right answer is not what the law allows or how to interpret an FLSA provision, but what is right with the bigger picture.

mwild31

I agree with Don and for a number of reasons, sometimes it's necessary for the company to rearrange workweeks rather than pay OT. You've got both sides - good luck in your decision.

System

Be careful about adjusting the hours. The hours cannot be adjusted in the workweek following the Saturday. You'll still end up with 48 hours one week and 32 the next. The 8 hours is still overtime. Comp time is legal only in government.

I agree that your firm should consider Pork's philosophy.

Margaret Morford

Also check your state laws. I know you can't shift someone's work week like this in California.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 12-21-03 AT 05:34PM (CST)[/font][br][br]I disagree with S Moll and Margaret Morford. Nothing was said in the question or the replies about shifting the work week, only the hours on the days within the work week. The question was a legal one, not philosophical. Nor does the questioner state what day the designated 7-day work week starts or ends on. That is essential to the equation. I've always understood the federal law to allow the employer to assign the 40 hour period however he likes within the established work week, unless there's a contract or other binding instrument in place. It happens every work week of every year in every workplace whose demands fluctuate based on customer demand, patient load, restaurant flow and anticipated traffic. If that were against the law in California, you wouldn't have everybody lining up to view posted schedules on payday to see what their days/hours were next week.