Coworkers that work longer hours for free is making it difficult for my job security.

Is it legal for other contract coworkers to work in excess of 40 hours a week but only turn in (and get paid for) 40 hours a week? I ask this because I only work the hours I am supose to be paid for. They have approved me to work overtime. So it creates a problem when other workers (from India) work excessive hours but only get paid for 40 hours. This keeps me from being approved for overtime and makes them the more likely candadate to stay on past the contract period... I hope this makes sense.

1 answer  |  asked Jan 25, 2005 12:32 PM [EST]  |  applies to Texas

Answers (1)

Christopher McKinney
Odd Overtime Situation

Your overtime issue is a little different than most. Assuming for the purposes of this answer that both you and your coworkers are nonexempt employees eligible for overtime pay (something your employer apparently believes as it is paying overtime), it is probably your coworkers, and not you, that have a viable overtime claim. The law does not allow an employer to accept overtime work without overtime pay even if it is volunteered. Therefore your coworkers may have viable claims for all fo the overtime work they have put in (although it sounds like they would not be interested in pursuing same). In your case, the law does not REQUIRE to make overtime work available to anyone and so the fact that you are not getting overtime hours (b/c your co-workers are doing the work for free) is likely not actionable by you.

posted by Christopher McKinney  |  Jan 26, 2005 09:09 AM [EST]

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