Legal Question in Employment Law in Louisiana
I work for my local city as a garbage truck driver. Our normal workdays are Mon-Thur. (10 hour days). However if a one-day holiday falls on one of those days we have to come in on Friday, that we don't normally work. Employer has stopped paying overtime for the Friday. Instead paying us straight time. Is this legal? Also if we work overtime on a normal Mon-Thur workday, they are refusing to pay us for that time, instead letting us go home an hour early for every hour worked over, at a day in the future. Is this legal?
1 Answer from Attorneys
If you are a non-exempt employee (meaning hourly and not salaried), you must be paid overtime for working over 40 hours in any week. There is no guarantee that you must be paid overtime for working over 8 hours a day, or for working on a day you normally would have off, so long as you still don't go over 40 hours a week. They can also send you home "early" on one day to keep you below 40 hours a week.