O/T

ScorpioHR · January 2005

I have a supervisor who asked an ee to "work overtime" during New Year's week. We were closed that friday for the holiday. The ee was NOT paid overtime as it was a holiday week and she had not worked 40 hours. The ee came to me this week questioning why I had not paid her overtime. I explained that overtime is paid after 40 hours worked, it being a holiday week that was not the case. She became quite upset and hostile. I spoke with the supervisor and she admitted to using "the wrong terminology with the ee". The COO told me to pay her the difference between straight and overtime for the one and a half hours. I refused, I explained that it was NOT policy, that if I did it for one, once, I would have to do it for all, all the time. I guess I am second guessing myself now and wondering what others would have done?
scorpio

Shadowfax · January 2005

I would have paid it as a bonus recognition for working while others were off. I don't think it sets a precedence that is particularly significant. We had a similar situation, we paid as if it were o/t and added a little to the year end bonus as well for a couple of ees who worked both Christmas eve and New Years eve.

Hunter1 · January 2005

Sounds like you were guilty of insubordination and should be disciplined appropriately. Refusing an order of a superior, my, my! : )

One case doesn't create a precedent which has to be followed. You could certainly pay this one based on the misunderstanding and set a policy to be followed in the future. The employee was lead to believe she was going to be paid OT. Would be a good time to reinforce the 40 hours worked principle.

Down_the_Middle · January 2005

I'd pay it and be done w/it. The supervisor made an error and in the interest of employee relations, you should honor the promise. The "precedent" is not significant enough to tarnish the org's reputation for not keeping its word............. Remember, the policy is a guide, not an absolute. Sometimes you must deviate from desired practice. That's what employers pay leaders to do.

Don D · January 2005

It depends entirely on 'how much power you have or are perceived to have'. It also depends on what your policy is. Ours, by comparison, considers all paid time as hours worked, whether it be vacation or hours actually worked or holidays. Therefore, here, it would have, by definition, been overtime.

I don't know that I would pay her overtime as some sort of good faith thing. What if the supervisor had told her to come in and work that week and she'd double her vacation for the coming year as a bonus. Would you guys recommend Scorpio honor that as well? Certainly not. Why would the personnel department, ergo the company, be obligated to fulfill something that was based on a misunderstanding and a mistatement?

Getting back to the 'power' comment. I'm not sure if yours is an autonomous department or if you answer to the COO. If you do not, you were not insubordinate.

Down_the_Middle · January 2005

The supervisor's use of the "wrong terminology" shouldn't shelter anyone from doing the right thing. I'll bet the promise was made in good-faith and the employee agreed. The ISSUE is with your supervisor, not the employee. The supervisor acted as an agent of the employer. There's a huge difference from an error with minimal economic impact and the type that Don suggests.

Hunter1 · January 2005

You don't have to report to the COO to be insubordinate to him/her. Insubordination is defiance of authority. Unless the HR person has the equivalent authority to the COO, there certainly can be insubordination in the relationship. This was meant to be a lighthearted comment, but I have disciplined (fairly severely), in a union shop, an employee who didn't report to me, but who refused to obey a direct order from me. The union wouldn't even pursue the grievance.

ScorpioHR · January 2005

Update - The ee was not paid the overtime. What I did neglect to mention in my original post was that it states clearly in our handbook that overtime is paid AFTER 40 hours of WORK. Not to include personal days, holidays, etc. I had a signed acknowledgement of our handbook from this employee. I also printed out the applicable page when I spoke with her. The ee was given an opportunity last week to work overtime and she took it, for that time she was paid at the overtime rate.

As for insubordination, I don't think so. I did not 'defy" the COO, I had a different opinion#-o
scorpio
p.s. thanks for all the input.

watrsflo · January 2005

<<Update - What I did neglect to mention in my original post was that it states clearly in our handbook that overtime is paid AFTER 40 hours of WORK. Not to include personal days, holidays, etc. I had a signed acknowledgement of our handbook from this employee.>>

...the rest of the story....

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