NT--Capping Overtime Hours

[Booger]

I know that the employer has the right to limit the amount of

overtime an employee works, but how do you get around the

problem of the time clock? If Joe's time card shows 50 hours,

and the employer has told him that only 42 hours will be paid,

isn't the employer obligated to pay him for the 50 hours?

I don't want any trouble with the wage & hour state people

here in Ohio.

Really don't know how to handle this. Any suggestions

would be appreciated.

[Ray in Ohio]

I know that the employer has the right to limit the amount of

overtime an employee works, but how do you get around the

problem of the time clock? If Joe's time card shows 50 hours,

and the employer has told him that only 42 hours will be paid,

isn't the employer obligated to pay him for the 50 hours?

I don't want any trouble with the wage & hour state people

here in Ohio.

Really don't know how to handle this. Any suggestions

would be appreciated.

I would say the employer has to pay what the time card shows. Not what they might have "agreed" upon or what the employer wants to pay. If he wants to only pay 42 hours, then the employee must only work 42 hours.

[Booger]

What kind of an answer is that, Ray?

Are you saying that the only way that the employer

has to enforce an overtime cap is termination if the

employee has more hours than the overtime limit

on his time card?

Got to be another way to enforce this.

[Ray in Ohio]

What kind of an answer is that, Ray?

Are you saying that the only way that the employer

has to enforce an overtime cap is termination if the

employee has more hours than the overtime limit

on his time card?

Got to be another way to enforce this.

Who determines how many hours the employee works?? Boss or employee??

I dont see any other way out of paying the actual hours the employee works. (what the time clock says)

[Ray in Ohio]

I know that the employer has the right to limit the amount of

overtime an employee works, but how do you get around the

problem of the time clock? If Joe's time card shows 50 hours,

and the employer has told him that only 42 hours will be paid,

isn't the employer obligated to pay him for the 50 hours?

I don't want any trouble with the wage & hour state people

here in Ohio.

Really don't know how to handle this. Any suggestions

would be appreciated.

Ok, back to the original question. ....

The employer has the right to limit the amount of overtime an emplyee works. If that limit is 42 hours... .why does the time clock show 50? All I am saying that the employer has to pay the actual hours the employee works, even though he was supposed to only work 42.

IMHO!

[Janitor Bob]

Ok, back to the original question. ....

The employer has the right to limit the amount of overtime an emplyee works. If that limit is 42 hours... .why does the time clock show 50? All I am saying that the employer has to pay the actual hours the employee works, even though he was supposed to only work 42.

IMHO!

Per state labor laws, I think the employer has to pay the number of hours employee actually works....but if they have previous agreement, I believe employer can pay all 50 hours at normal rate (not over-time rate). It is illegal to not pay for hours worked....employee could file grievance with labor board...If time card supported the employee, employer would be in trouble.

Now....If employee "worked" without employers knowledge and permission...then they may have grounds for not paying...but everything better be substantiated in writing.

[Booger]

Think I'll give my attorney a call.....I want to make this

issue "bulletproof".

[David1980]

If the employee agrees to work 42 and actually works 50 that's possibly a contract issue. Gives valid reason for termination of employment of employee. I would guess if tax people are worried about this, it probably happened already and employer is trying to get out of paying? Good luck! (If it's only one week it probably is not worth hiring an attorney. If it's a long-standing problem I would question why nothing was done about it eariler.)

[KEYWEST_RICKS]

Had a DOL agent tell me a few years ago it is the job of the employer to supervise the employee. this includes regulating the amount of hours worked. if the card says 50 then its 50. even though the employer only wanted him to work 42. it is up to the supervisor to make sure that if its 42 you want its 42 you get.

not paying what is on the time card, i believe, is a good way to get into trouble with DOL. under an examination you are going to try to prove that you included all hours worked in the pay of the employee.. well his records say 50 hours ..... what records do you have to say he only worked 42??

jeff

[Gail in Virginia]

My thinking would be that if you have some formal, evaluative procedure you could "write up" the employee for exceeding his authorized hours, and use this to cause his/her next review to be less than stellar. With sufficient occurrences, you could make it grounds for dismissal, or even require that the employee not work for a certain number of days/weeks as a consequence (unpaid suspension). But I really think that if they work the hours, you have to pay them whether or not you meant for them to work the hours.

You might suggest that someone check the time cards every day, and if someone is getting too close to overtime, you send them home early on a day that is less hectic so you can keep them on the days you really need them.

I don't have any legal experience to base this on, just my opinion shooting from the hip.