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? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Is my employer illegally trying to cheat me out of some money?

My employer wants me to put down any time I work after 5pm as "on-call" instead of OT even though I'm not on-call. The difference is about $10/hr in pay. Are there specific laws in regard to labor that would apply to this?

Update:

The way things are set up now, we get an hourly wage. We are required to work on-call occasionally which is $2/hr beeper time and if called out then it's a separate hourly rate which is about $2 more than my regular hourly rate (instead of 1.5 hrs as in OT). I'm okay with that, but being asked to put down on-call for work that extends past 5pm on a regular work day really ticks me off. But I don't want to lose my job.

Update 2:

In the past, we have been paid OT for hrs greater than 40, but it's been greatly discouraged that we do so. However, in my line of work that's extremely difficult to do. I'm a hospice nurse- can't exactly just tell a dying patient "Oops! It's 5pm- gotta go!"

6 Answers

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  • jwthoughts
    Lv 7
    1 decade ago
    Favourite answer

    If you are required to continue your work day, then you are working overtime and yes, he is trying to cheat you out of money.

    On-call pay refers to time that you are required to stay within a certain distance of your workplace in order to be available when called. In that case, you would be paid "on-call" pay while being available, but if you were called in, you STILL would receive overtime pay.

    I would contact your state labor board, as there are VERY FEW exemptions, but be forewarned...many employers will then watch you like a hawk for a reason to fire you. It is sick and wrong...but it is done.

    And Stuart is confused or wrong.

    ADDED: 5:00 does not mean anything to the law. Over 40 hours does. that is why some work 4 ten hour shifts, some work variations of 12 hour shifts. The fact that you work past 5:00 does not entitle you to overtime unless your contract of employment says that it does.

  • Anonymous
    1 decade ago

    It sure looks like it.

    But, that could vary depending on a few things: Are you an hourly or salary employee? Are you actually just on call, or are you still working?

    Do you still get paid time and a half for any hours over 40?

  • Jane S
    1 decade ago

    Unless you are a salaried employee, or meet one of the narrow exceptions under your state's (and the Federal) Fair Labor Standards Act the over-time hours should be declared what they really are and paid accordingly. Call your state Labor Department

  • Employment Law Help
    6 years ago

    It is advisable that you should first research the issue at the legal search engine

    www.LawSolver.com

    On LawSolver, individuals can investigate any law inquiry and receive free lawyer answers. Free lawyer responses to analogous issues:

    (1) "What to do if my sister is trying to cheat me in a real estae transaction?"

    (2) "My father died and my sister is trying to cheat me out of my part of the will. Can she legally do it"

    (3) " where I have my check direct deposited every month to cheat me out of money. What can I do?"

    (4) "Chapter 7 bankruptcy, can trustee cheat the other (non filing) joint tenant out of his part of the home claiming its all debtors - Avvo"

    (5) "A producer is trying to extort money from me? - Avvo"

    In addition, resources & articles:

    (1) "When Does an Employer Need an Employment Lawyer? | Nolo"

    (2) "What Should I Look for When Trying to Choose a Lawyer? - FindLaw"

    (3) "Debt Collection Practices That Are Illegal Under the FDCPA | Nolo"

  • Anonymous
    1 decade ago

    Just tell him what he's doing is ILLEGAL. He should back off.

    Yes, there are laws.

    Anything over 40 hours per week is OVERTIME, by law. REGARDLESS if it's on-call or not.

    Even if he owns the company, he cannot break the law. Just threaten to call the state on him... but if you do, start looking for another job, becuase he WILL find a reason to terminate you.

    Just the way of the world.

  • Stuart
    Lv 7
    1 decade ago

    Your employer is required to pay you for every hour you work.

    And as long as you're getting paid at least minimum wage, it's legal.

    - Stuart

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