Do we have to pay for this?

LindaS

Today our company is having a mandatory meeting. All actively working employees were notified of it in advance and it has been scheduled so it will end at the same time the NORMAL 1st shift ends.

We have several positions whose schedule requires that they start earlier than the rest of the shift and they were instructed to start at the NORMAL start time of 7:00 instead of 6:00. Because of a heavy workload in these departments they were able to still come in at 6:00 this morning and will work, and be paid for, the extra hour.

We have one employee who acts as the janitor and she was instructed that she was to start at 7:00 but she chose to not listen to her supervisor and reported at 6:00 (her supervisor doesn't come in until 7:00 so he didn't find out about it until then). Anyway now that she will have her 8 hours in by 2:00 (because she didn't do as instructed), do we have to pay her for the 1/2 hour OT if we mandate that she come back for the meeting?

I think I know the answer but want to be sure...

mwild31

Yep x:-)

[url]http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm[/url]

"Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked."



You could always send her home at 2:00 without letting her work until 2:30. There's always the other idea that you could write her up for not following instructions or you could ask her not to come in at normal time tomorrow - but if the time is there - you have to pay.

Hatchetman

Be careful about sending her home. Check your state wage and hour laws regarding callng an employee back to work, "reporting pay" or split shifts. You may wind up paying for more time that way, including overtime.

Balloonman

Write her up. Plain and simple failure to follow her supervisor's direction. Unfortunately you have to pay her.
My $0.02 worth,
DJ Th Balloonman

Down_the_Middle

Balloonman's right ....... if you can confirm that the employee was told in advance and understood, then proceed with the disciplinary action. Make sure it's not one of those "well she should've known" deals......

She must be paid for time worked.

LindaS

Thanks for the responses and that is what I thought as well. We paid her for the time and she received a written warning this morning (she will probably file a grievance as well, but...). After speaking with her supervisor it was made very clear to her that the schedule change was mandatory, as was the meeting. In fact, there were numerous postings around the plant and ALL of them stated that it was a mandatory meeting.