Legal Question in Employment Law in Texas
overtime and shift change
I work at a hotel, and the corporation states that they will not pay overtime...the boss requires employees to change their time cards to read 40 hrs, then pays a ''bonus check'' for the amount of hours over 40 worked, but at regular wage. the other ''rule'' is that you must clock out when the next person arrives for their shift. however, you must stay and have that person verify your information, and when their is a mistake, this stay could easily last 30 or 45 minutes...
I'm certain that the first part is not legal, but not sure about the last. employees are sort of blackmailed into not talking b/c there are so few jobs and you'd certainly lose yours if you complained...
1 Answer from Attorneys
Re: overtime and shift change
Assuming that the job position is not exempted from the Fair Labor Standards Act ("FLSA"), the amount of time worked in excess of 40 hours a week should be paid as overtime at a rate of 1 1/2 the regular rate and NOT as a bonus at regular rate. The transistional time incurred during the shift change that is specific to the job may be counted as overtime. Lastly, there is a prohibition against FLSA retaliation.
If you think you have an overtime violation, contact the Department of Labor to a file a complaint and discuss your case with an employment attorney.
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