Proximity employee and trying to figure out how to discuss with TM who is insistent that overtime worked is not compensible if it wasn’t pre approved , and at best that it should be comped with time off later. This seems to be a labor law violation. I know that in public sector Compted OT is at the wage rate of 1.5 hours off for extra hour worked.
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You are in a no win situation. Not recording your time worked is a code of conduct violation. Working OT without approval could be grounds for performance management. I don’t know of any company rule that says you wont get paid if not approved. That sounds like a rogue TM or SM.... which is entirely possible if not probable.
If you work overtime and it hasn't been approved by your immediate supervisor, you are doing so on your own time. You can't just pick and choose when you want to work. If you ask your supervisor for OT to complete your work, and it's approved, they it's payable at the overtime rate. It's been my experience that work expands into the time allotted...in other words, often people drag out their work in order to request overtime to complete it, when in reality, knowing OT won't be approved, amazingly the work gets done.
Flex time is discussed in the HR manual but that seems specious to the intent of labor laws. What about weekend duty. Is that recorded as time worked or at the full day due to waiting to be engaged?
Keep in mind they are trying to downsize by getting people to quit or firing them. It can be a no win situation. Keep any performance records and discussion notes at home because if you are let go you may not be able to get them back.
It’s all in the HR manual on the intranet. What you are calling comp time is referred to as Flex time. It should be taken preferably the same week that you worked OT. If not, the same two week pay period. Pre- hub days this was no problem in my office. Now in our Demand Pool, it is not allowed. (I’m not sure about the legality of disallowing this for some areas when it is in the HR manual....I’ve ask about it three times and hit a brick wall.) If you work OT - pre-approved or not, it is owed to you. Code of Conduct and Compliance issues. What I see now is three times as much work as we used to have and they tell us no OT - or very little - and the plan is to reduce OT every month. Work is not getting done. It’s a no win situation: 1) work of clock- get fired 2) work too much OT- get fired 3) don’t get the work done- get fired. I still haven’t gotten an answer from my manager about which is the best reason to get fired.
It is payable. Period.
Record the TM
It should be paid at the 1.5 rate whether it is preapproved or not. I know people in my office have been chastised for having any non approved overtime. Most demand pool areas are over their allotted allowance of OT hours, so management is getting strict
Send him/her an email outlining issue and ask for direction. Print and keep a copy of the response.
If accurate what you are being told is COC violation and illegal.
I’m time card. I have read the FSLA and Fromm what I take comping time is not allowed. The SF time card instruction says the same.
1) are you hourly or salaried?
2) if salaried, so sad, too bad is the legal answer.
3) if hourly this is a gross violation of SF policy as well as labor laws
OT is compensable if incurred. The question comes down to how it is calculated and/or comped. It is a state by state issue. At a minimum you should do some research as to how your state looks at OT, and better, talk to the department in your state that oversees wage and hour issues. Also, this is a code of conduct issue - refer to the time card training as you are supposed to accurately report all time worked. I am sure that your TM, their SM, and so on will not want to do the paperwork related to non-compliance with a code of conduct issue.