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Overtime pay

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J

jem007

Guest
Hi...this question is for my father who lives in Pennsylvania. He has a job working for the Norwin School District. He sometimes is asked to work overtime. However, his overtime pay rate is not time-and-a-half. There is an arbitrary rate of $10.27 per hour. If he were to receive time-and-a-half, it would be over $21 per hour.

This has been the case for 30 years (his employer chose an arbitray rate for overtime). It was finally decided that it is illegal to do this, so his employer must pay him (and all other employees) the difference between the arbitrary amount, and the time-and-a-half amount.

The problem...they are only going back two years. The employees feel the employers should go back further, either to the beginning of employment, or at least further back than two years. Perhaps 1992, when their local union tried to force this issue, but the Division of Labor Standards (?) dropped the ball and did not persue this as they were requested.

My question...is there a "statute of limitations" or some other timeframe that they must go back to pay the difference, or can that be determined (in this case, by a court)?

Also, his employer is upset that they have been "caught" doing something illegal, so they have determined that nobody would be allowed to earn any extra overtime pay. They would adjust the hours to make sure fewer people are available during working hours (more work for them) and others will be forced to work the evenings and weekends needed, without overtime. Is this legal?

Thanks.
 


L

LadyBlu

Guest
jem007 said:
Hi...this question is for my father who lives in Pennsylvania. He has a job working for the Norwin School District. He sometimes is asked to work overtime. However, his overtime pay rate is not time-and-a-half. There is an arbitrary rate of $10.27 per hour. If he were to receive time-and-a-half, it would be over $21 per hour.

This has been the case for 30 years (his employer chose an arbitray rate for overtime). It was finally decided that it is illegal to do this, so his employer must pay him (and all other employees) the difference between the arbitrary amount, and the time-and-a-half amount.

The problem...they are only going back two years. The employees feel the employers should go back further, either to the beginning of employment, or at least further back than two years. Perhaps 1992, when their local union tried to force this issue, but the Division of Labor Standards (?) dropped the ball and did not persue this as they were requested.

My question...is there a "statute of limitations" or some other timeframe that they must go back to pay the difference, or can that be determined (in this case, by a court)?

Also, his employer is upset that they have been "caught" doing something illegal, so they have determined that nobody would be allowed to earn any extra overtime pay. They would adjust the hours to make sure fewer people are available during working hours (more work for them) and others will be forced to work the evenings and weekends needed, without overtime. Is this legal?

Thanks.
You may get more replies to this if you post it on one of the other employment boards... as this board is for injured workers..
 

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