Legal Question in Employment Law in Virginia
Good afternoon the company i work for pays us sometime when we work overtime and sometimes they make us take time off for overtime hours worked and if you work 8 hours overtime and you are required to take time off you only get 8 hours off instead of 12 hours which you would have been paid for overtime when we signed the paper to start with the new owners we didn't understand this and i guess now because we signed we are stuck with this but i feel it is unfair if you were paid for overtime worked you would get 12 hours for 8 hours worked but if you are required to take time off you get 8 is this legal the owners are based out of California. Thank you
1 Answer from Attorneys
No, unless you're classified under DOL (Dept of Labor) regulations as a so-called salaried
employee, the employee compensation scheme you've described would not be legal, and, if you're classified as paid by the hour (hourly employee), under DOL regulations the employer is required to pay you time and one half for all hours worked over 40 or its equivalent in any given work week.
The employer is required to follow these regulations formally promulgated by DOL and
does not, legally speaking, have the discretion to deviate from them.
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