Thank you for pointing out that the BS can happen whether you are a union employee or not... I work for a merit shop and get paid OT after 8 even though the employer doesn't have to, I am gauranteed my 40 and am never sent home if there is "no work". There has only been one layoff in recent history where I work and IMO he should've been fired instead, and I have no fear of "having to find another job" because I spoke up about something that was not right.Originally posted by neophytes serendipity
The situation of an employer charging OT for after hours work, yet not necessarily paying OT rates is no different than a shop sending out apprentices or similarly lower paid employees, yet charging the customer their standard labor rate.
If the shop is legally bound to pay OT after 40, then they can do whatever they want- like manipulating employee schedules- to prevent you from getting that OT. Unless you have an agreed start time or normal workday spelled out in an employee handbook, the boss can make you start at 5 pm to meet the customers needs, and charge them OT rates, yet you get nothing.
I know people that work for a retailer, sometimes these people must work 12-14 hour days. The boss makes em take a longer lunch or they come in late or go home early to avoid the OT pay. They aren't union, so there isn't a damn thing they can do about it.
"Union" shops are no different. Some will follow the letter of the law and pay all of the benefits entitled to the employee... Some will not. The usual outcome after complaining is termination. The supply of employers is not unlimited, and they do keep a "black book" of employees.
Every single union shop that I have worked for always "forgets" to pay their employees something they are entitled to. Some even have a "cash" OT program. Some have a "bonus" program for bringing the job in "under hours". I complained once to the Hall. I got my money, and shortly thereafter, I had to find another job.
[Edited by neophytes serendipity on 07-28-2005 at 06:42 AM]
Everyone who has the skills and the attitude to make it in this field deserves fair treatment, don't stop until you get it, even if it means firing your boss.