Labor Law Experts??

[CajunDixie]

I have a friend that is a county 911 Dispatcher. With the time change she basically had to work an extra hour but was told by her boss she will not be paid for it. Is that legal? And if it makes a difference we live in Indiana and we've only been changing our clocks for a couple of years....before we essentially changed time zones.

And before someone bothers to mention the change in the spring, she may not be working that shift in the spring to "even" out the shortage now.

 

[AKL_Megs]

I have a friend that is a county 911 Dispatcher. With the time change she basically had to work an extra hour but was told by her boss she will not be paid for it. Is that legal? And if it makes a difference we live in Indiana and we've only been changing our clocks for a couple of years....before we essentially changed time zones.

And before someone bothers to mention the change in the spring, she may not be working that shift in the spring to "even" out the shortage now.

It's legal. I have a friend who is a dispatcher who was complaining to me yesterday about not getting paid. She DOES get extra pay in the Spring, however, if she works daylight savings, to make her day 12 hours.

 

[disneyhand]

My Husband is a Firefighter/Medic and that is how it works for them too. It is legal. It evens out eventually.

 

[Hannathy]

yeah as a nurse I never got paid for it either.

 

[tvguy]

Well there are a couple of factors in this.
If you are salaried, there would be no extra compensation.
If you are hourly, you would get paid, UNLESS your union contract or state law specifies otherwise.
Almost every Police and Fire department in the nation is unionized, so I suspect not getting paid is what the union agreed to.

 

[CajunDixie]

My Husband is a Firefighter/Medic and that is how it works for them too. It is legal. It evens out eventually.

How will it even out? Like I said she may not work the same shift in the spring.

Well there are a couple of factors in this.
If you are salaried, there would be no extra compensation.
If you are hourly, you would get paid, UNLESS your union contract or state law specifies otherwise.
Almost every Police and Fire department in the nation is unionized, so I suspect not getting paid is what the union agreed to.

She's not union. She doesn't technically work for the Sheriff's dept. The "Good Ole Boy Club" created a county position for her boss so the dispatch center is no longer under the sheriff. She is hourly and will not get paid.

 

[Pig Pen]

My husband used to work third shift and he was never paid for the extra hour of work in the fall, nor was he "docked" in the spring when the time changed back, so it all evened out. He was in a union and worked for the government.

 

[Hannathy]

I was never in a union and worked it many times and never got paid and was not salaried.

 

[disneyhand]

How will it even out? Like I said she may not work the same shift in the spring.



She's not union. She doesn't technically work for the Sheriff's dept. The "Good Ole Boy Club" created a county position for her boss so the dispatch center is no longer under the sheriff. She is hourly and will not get paid.

Well it should even out eventually for a long term employee. If she isn't one and feels as strongly about it as you do, she should try to make sure she works the spring time change shift.

 

[dakcp2001]

Call the state dept of labor and ask, they will better be able to answer as labor laws vary state to state. I think not getting paid for the extra hour is a racket! I dont work for free. No one could answer me last night at my place of employment on if we get paid or not. Not only should I get paid, but it should be time and a half since it is over 12 hours in one shift. I wrote +1 for daylight savings time in the payroll sheet, we shall see next week if they pay me for it.

 

[C.Ann]

As far as I know, it is legal.. I can't really think of anyone - union or non-union that was ever paid for it..

I guess if she's really upset about it though she could call the Labor Department.. DD had to call them twice about issues and let's just say that if they're not major issues (and I do mean major) they get very annoyed with what they consider "minor" stuff..

Good luck to your friend..

 

[Fire14]

MY place of employment does same thing we get paid for 8 hrs regardless if we work the 9 hr night or the 7 hr night and we are located in OPhio only.

 

[akcire]

I supervised 600+ for the federal government in a law enforcement capacity. The federal government does pay for the extra hour, and will only pay you for 7 hours (unless you choose to work an extra hour) come spring. Now--getting people to properly fill out their time sheets, is a whole other story. Every year I would post handouts--showing exactly how to code the time; every year like half the guys would screw it up.

We also had the ability to donate time to officers with sick kids. For example, we had a guy who's kid needed a lung transplant. Since it was not his medical issue, he only got vacation time, and personal time, and his FMLA would be unpaid. What we could all do was donate any time we worked, so it went into a pot for him and he could continue to draw salary. What many of the guys did on the 9 hour night was donate the "extra hour" to the sick family pot or designate it to a specific officer.

I don't know about local issues, but I know it was "paid time" by the feds.

 

[Ephany]

My husband was paid for the hour last night, but he's a contractor and non-union. I think he gets paid for the lost hour in spring, but that's more of a goodwill gesture by the company he works for than a requirement I believe.

 

[GAGirlInVA]

When I ran payroll for the call center I worked in, we paid our employees for the hour.

In the spring they were shorted an hour.

Still it worked in the employees favor because they got 41 hours in the fall (so an hour of overtime at 1.5 times their hourly pay) and 39 hours in the spring.

 

[Deb & Bill]

Hourly employees who work for the Federal Govt get paid for that hour. In the spring, they have to either take one hour of Annual Leave or be docked the one hour.

 

[Ceila]

I used to work for a human services agency that had round-the-clock care for residents. They paid the staff for the total number of hours they worked, so they were paid for the "extra" hour they worked in the fall. We were non-union and the organization did a good job of taking care if it's employees.

 

[Judy from Boise]

I worked nights as a nurse and was paid my 12 on both ends of the spectrum.........just easier payroll wise I am sure. Some years I worked both, some I didn't.......in the scheme of things it was a non issue.

 

[fall08CP]

A few years ago I worked this night and was off the clock at 2am. Imagine how depressing it was to see the clock go from 1:59 to 1:00 again. Got paid for the extra hour (OT at that) but it was a rough night!!

 

[CajunDixie]

Call the state dept of labor and ask, they will better be able to answer as labor laws vary state to state. I think not getting paid for the extra hour is a racket! I dont work for free. No one could answer me last night at my place of employment on if we get paid or not. Not only should I get paid, but it should be time and a half since it is over 12 hours in one shift. I wrote +1 for daylight savings time in the payroll sheet, we shall see next week if they pay me for it.

Thanks I emailed them.

Their response

"Dear :



Thank you for contacting the Indiana Department of Labor, Wage & Hour Division with your inquiry.



In the State of Indiana an employer is required to pay an employee for all time physically under the direction and/or control of the employer.



Consequently, this would include any tasks that are requested by the employer. Which include meetings, training, drug testing, waiting, events, arriving early, daylights saving, etc. basically, anything that is requested by the employer is considered compensable time.



You have three choices (1) you may advise your employer that under IDOL you should be paid for all time worked or (2) this may be a violation under (FLSA) Federal Fair Labor Standards Act, for possible none payment of overtime, you may contact the Federal US Department of Labor at 317-226-6801 and (3) if this is not overtime you may file a formal wage complaint with our agency for any unpaid hours. Please advise if you need a form to file a formal complaint.



Thank you for your inquiry.



Sincerely,

Indiana Department of Labor"