Do I have a case?greenspun.com : LUSENET : Law Of The Workplace : One Thread
I work for a private club. I don't know how the overtime rules are followed. When I was a junior, I was told that they work according to seniority. No I have put in a substantial number of years, the overtime is paid to the one junior to me. For example: before I used to work 11 AM to 7 PM shift on weekends and whenever there used to be a party in the club-house in the evening, people on call used to be called to work and I never got paid overtime. Now, due to change in schedule, I work 7AM to 3 PM shift and another employee, who is very junior to me works the shift I used to work (i.e. 11 AM to 7 PM)on weekends. My boss asks him to continue until 1 AM the next morning whenever there is a party on the weekends. When I protested, he gave me the reason that since he was already working, so he is being asked to continue. I told him why he never asked me in the past if I wanted to continue my shift until the midnight whenever there was a party on the weekend. He had no answer but excuses only. Am I allowed to protest and stake my claim for the overtime? He gave me another reason that since I was coming early in the morning, and also that he did not want to pay overtime for the intervening period of 3PM to 6 PM, so he cannot do so. I told him that this is my problem and that he did not have to pay me overtime for the intervening period as I would come back at6 PM. It is a matter of about 6-7 hours or about $175/- per day extra. How does the seniority rules apply at the workplace like mine (a hospitality business)? Could you please send me an answer?
-- Madhu Sharma (email@example.com), November 25, 2003