Employer - No reimbursement beyond 35 hours but required to work

[FrancesAnnWy]

In January, I was hired to work as an Executive Assistant to a Town Select Board and Administrator. The job requires attendance at board meetings which can run long. The first pay sheet I submitted was accurate reflecting extra time worked due to the meeting running overtime. My boss pushed it back for an update saying I am not reimbursed beyond 35 hours, nor is there compensation. I was very surprised and at this point, probably have a full week's worth of extra hours unpaid. I cannot understand the rational given, something about the budget wasn't written for the extra hours? What should I do? The board meetings start at 6:30 p.m. if I am still there at 8:30 due to ongoing meeting and needing documents signed by the board, what do I do? The workday should end on Monday at 7 p.m. We have 1/2 day Friday in exchange for one late night per week. The board meets every other week. A side note, I am now 65 years old and leaving for a new job is an option but I've already experienced age discrimination. Replacing the job with just a few years left in the workforce is compounding the next step. the workweek is Monday 8 am to 7 pm, Tuesday, Wednesday, Thursday 8-4 and Friday 8 - 12

 

[G POP]

If you worked 40 vice 35 one week, show up 5 hours late on Monday. Good luck.

 

[RetiredHappy]

Your employer has to follow labor law. You can call up HR and mention the phrase labor law and that should straighten it up quickly, i.e. that you will get paid for hours worked. Unless you are an exempt employee, which means you are salaried and hours worked don't matter.

Also, you should be paid over time every Monday because you work more than 8 hours. Certain jobs like nursing jobs that have 12-hour shifts would either have been set up that way by the company from the get-go or that majority of the employees must then vote to approve 12-hour shifts. An employer cannot willy nilly decide some days longer than 8 hours just like that.

I am not a labor attorney but I had to be well verse in labor law in my prior life as COO, which also had to understand labor law.

 

[Irishgirlyc58]

In January, I was hired to work as an Executive Assistant to a Town Select Board and Administrator. The job requires attendance at board meetings which can run long. The first pay sheet I submitted was accurate reflecting extra time worked due to the meeting running overtime. My boss pushed it back for an update saying I am not reimbursed beyond 35 hours, nor is there compensation. I was very surprised and at this point, probably have a full week's worth of extra hours unpaid. I cannot understand the rational given, something about the budget wasn't written for the extra hours? What should I do? The board meetings start at 6:30 p.m. if I am still there at 8:30 due to ongoing meeting and needing documents signed by the board, what do I do? The workday should end on Monday at 7 p.m. We have 1/2 day Friday in exchange for one late night per week. The board meets every other week. A side note, I am now 65 years old and leaving for a new job is an option but I've already experienced age discrimination. Replacing the job with just a few years left in the workforce is compounding the next step. the workweek is Monday 8 am to 7 pm, Tuesday, Wednesday, Thursday 8-4 and Friday 8 - 12

Are you a salaried or hourly paid employee? What state are you in?

 

[PaunchyPirate]

Salaried employees often work more than 40 hours per week in many types of jobs. I did that for more than 25 years in my career. Many, many extra hours. It was just part of the job. There were no official policies on taking time off to make up for the extra hours.

If you are an hourly employee, I would gently press the boss on what the expectation is exactly. But don't be surprised if he doesn't give you an answer that you like. They may just find a way to eliminate you and find someone else. It's not fair, but it's a reality that could happen.

 

[aaronc879]

The workweek is Monday 8 am to 7 pm, Tuesday, Wednesday, Thursday 8-4 and Friday 8 - 12

That is 39 hours. Do you have an hour unpaid lunch M-Th to get it down to 35? I would not work past 35 hours if I will not be paid over 35 hours. If you stay late on Monday then come in late on Tuesday by the same amount of time. I would give up my job before I gave free labor.

 

[Turbo29]

Your employer has to follow labor law. You can call up HR and mention the phrase labor law and that should straighten it up quickly, i.e. that you will get paid for hours worked. Unless you are an exempt employee, which means you are salaried and hours worked don't matter.

Also, you should be paid over time every Monday because you work more than 8 hours. Certain jobs like nursing jobs that have 12-hour shifts would either have been set up that way by the company from the get-go or that majority of the employees must then vote to approve 12-hour shifts. An employer cannot willy nilly decide some days longer than 8 hours just like that.

I am not a labor attorney but I had to be well verse in labor law in my prior life as COO, which also had to understand labor law.

Overtime for over 8hr in one day is not federal law but it is law in some states. It is not required in my state but it was required in the state I previously lived in.

 

[OldShooter]

Your employer has to follow labor law. You can call up HR and mention the phrase labor law and that should straighten it up quickly,

Actually the best magic incantation is "wage theft." A second useful incantation is "protected class" (due to your age).

Absent a positive response to these incantations, contact your state Department of Labor and/or your state Attorney General's consumer protection folks. One or the other will be interested in your plight.

 

[FrancesAnnWy]

Thanks for the replies. There is no HR office in the town hall. It's an hourly position with one hour lunch break. The job is complex and I need every minute to get the tasks completed. The job was probably shrunk down at some point from 40 to 35 hours. I will ask the payroll clerk to clarify why things are this way. There was a rational which I can't remember. The TA knows about this and from time to time comments on the hours I put in. But, nothing done about it. We have a town meeting tomorrow night and the expectation is to work until it's done. The meeting starts at 7 p.m. I do plan to take a dinner break and go home to feed the cats. I am in Massachusetts

 

[imjustawarrior]

Learn your state labor laws. Your employer is most likely breaking the law. Hourly people need to be paid for every hour they work.

If you cannot get all the work done in 35 hours, that is not your problem. Don't make it your problem.

 

[skyking1]

They cannot call it hourly and then cap it like a salary. They have put themselves into a bind IMO. Best of luck straightening this thing out.

 

[TickTock]

+1 on learning your state's labor laws.

In the meantime, if the board meeting runs past 7pm then pack up and leave at 7. If your boss objects, explain that your workday is over.

 

[badatmath]

+1 on learning your state's labor laws.

In the meantime, if the board meeting runs past 7pm then pack up and leave at 7. If your boss objects, explain that your workday is over.

Then wait to get let go for not being a team player who isn't a good fit.

 

[pb4uski]

I believe that they are treating you illegally.

What Are My Rights If My Employer Doesn’t Pay Me? A Guide for Massachusetts Employees

No one should have to worry about getting paid for their hard work, but wage disputes are unfortunately common. Whether it’s a delayed paycheck, unpaid

www.gordonllp.com

What Should You Do If Your Employer Isn’t Paying You?

If you believe your employer is not paying you properly, it’s important to take action quickly. Here are some steps you can follow:

Document the Wage Violation: Keep detailed records of your hours worked, pay stubs, and any communication with your employer regarding unpaid wages. This evidence will be crucial if you decide to file a claim.

Contact Your Employer: Start by reaching out to your employer’s HR department or management to address the issue. Sometimes, wage disputes arise from simple administrative errors that can be resolved quickly.

File a Complaint with the Massachusetts Attorney General’s Office: If your employer does not resolve the issue, you can file a wage complaint with the Fair Labor Division of the Massachusetts Attorney General’s Office. The office will investigate your claim and can take action against employers who violate wage laws.

Consult with an Employment Lawyer: If the issue remains unresolved or if you believe your employer is intentionally withholding wages, it’s time to speak with an experienced employment attorney. At Gordon Law Group LLP, we can help you understand your legal options and guide you through the process of recovering the pay you are owed.

 

[imjustawarrior]

Then wait to get let go for not being a team player who isn't a good fit.

Then file a lawsuit and settle out of court for millions.

 

[Dtail]

Then wait to get let go for not being a team player who isn't a good fit.

Agree unfortunately.

 

[badatmath]

Then file a lawsuit and settle out of court for millions.

Employment is generally at will and you can be fired for any reason or no reason in most places.

 

[MarieIG]

I would ask for a written statement documenting your job description, title, designation, duties, pay rate, benefits, schedule / hours etc. to start.

 

[Irishgirlyc58]

I would ask for a written statement documenting your job description, title, designation, duties, pay rate, benefits, schedule / hours etc. to start.

In addition to this I would check your DD slip and see if you are listed as FLSA exempt. They may be operating on the assumption that you are which could be correct or incorrect.
It appears that you work for a small municipality?

 

[Spock]

Maybe a calm discussion with your boss about "I stop at 35 hours" (that would still allow you to work late on the Monday (?) board meetings)... get all of Friday off instead of a half day.

Only you can judge the atmosphere where you work.
Yes... not paying non-salaried employees for hours worked is illegal. But if it means working 40 while paid for 35 and you need this job then you have to ask yourself if being unemployed is preferable. (as you mentioned age discrimination is real when it comes to finding new jobs)

 

[imjustawarrior]

Employment is generally at will and you can be fired for any reason or no reason in most places.

Sure, but if an employer is not paying you your fair wages and you bring it up and then you are let go, I would not say that falls under the at will employment laws.

 

[cathy63]

Here is the info on the Federal law that applies to you as an employee of local government if you are in a non-exempt position: Fact Sheet #7: State and Local Governments Under the Fair Labor Standards Act (FLSA) Your state may have additional laws that also apply (e.g. if you are in California, you get overtime for anything outside your regular daily schedule, not just on a weekly basis; and you get a higher minimum wage), but neither your state nor town can say that the FLSA protections don't apply to you.

Whether your position is exempt from FLSA or not depends on your specific duties. Having a job with "Assistant" in its title implies that you work under the close direction of someone else and probably cannot be classified as exempt, though you'd have to look at the exact job description and verify that you meet the minimum salary requirement for an exempt position to determine that.

If you are definitely not exempt from FLSA, then take the fact sheet linked above to your payroll clerk and explain that you're concerned that the Town is violating Federal labor law by not paying you correctly. If they continue to balk, then you can file a claim for wage theft with your state's labor department.

 

[RetiredAndLovingIt]

Then wait to get let go for not being a team player who isn't a good fit.

And then she calls the labor board and files a lawsuit and walks away with a nice settlement. She definitely needs to start documenting everything in preparation for what might happen. You can bet all the city officials are being paid for their attendance .

https://www.mass.gov/how-to/file-a-workplace-complaint

 

[OldShooter]

Then wait to get let go for not being a team player who isn't a good fit.

Then file an age discrimination complaint with your state labor department or attorney general.

 

[Texas Proud]

I am with the people that say look at labor law... but this seems like a gvmt job and the gvmt can have rules different for them...