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Does Federal Law written for one industry apply to other industries?

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valdezdj

Junior Member
California.

Generally, does Federal law for a specific industry, specifically the health care industry, apply to other industries with the same work senario?
See the last section, unauthorized work.

https://www.dol.gov/whd/regs/compliance/whdfs53.htm

For instance, my direct supervisor changed the way I work out of retribution for an argument I won. He demands that I have pre-authorization for work performed to get paid for it. He knows my job requires working outside the scope of my regular hours. I would like to argue that federal law does not allow this and that I must get paid for work performed pre authorized or not since he already knows my job requires it. However, the law appears in the health care section under the auspices of the Federal United States Department of Labor Wage and Hour Division. Can I make a valid argument on this Federal Law point even though it appears to apply to the health care industry not the IT industry?

Thanks.
 


Zigner

Senior Member, Non-Attorney
California.

Generally, does Federal law for a specific industry, specifically the health care industry, apply to other industries with the same work senario?
See the last section, unauthorized work.

https://www.dol.gov/whd/regs/compliance/whdfs53.htm

For instance, my direct supervisor changed the way I work out of retribution for an argument I won. He demands that I have pre-authorization for work performed to get paid for it. He knows my job requires working outside the scope of my regular hours. I would like to argue that federal law does not allow this and that I must get paid for work performed pre authorized or not since he already knows my job requires it. However, the law appears in the health care section under the auspices of the Federal United States Department of Labor Wage and Hour Division. Can I make a valid argument on this Federal Law point even though it appears to apply to the health care industry not the IT industry?

Thanks.
Assuming you are not exempt, if your employer requires that you obtain authorization prior to doing work, and you fail to do so, then you must be paid for that work, but you can be fired for failing to obtain authorization.
 

LdiJ

Senior Member
California.

Generally, does Federal law for a specific industry, specifically the health care industry, apply to other industries with the same work senario?
See the last section, unauthorized work.

https://www.dol.gov/whd/regs/compliance/whdfs53.htm

For instance, my direct supervisor changed the way I work out of retribution for an argument I won. He demands that I have pre-authorization for work performed to get paid for it. He knows my job requires working outside the scope of my regular hours. I would like to argue that federal law does not allow this and that I must get paid for work performed pre authorized or not since he already knows my job requires it. However, the law appears in the health care section under the auspices of the Federal United States Department of Labor Wage and Hour Division. Can I make a valid argument on this Federal Law point even though it appears to apply to the health care industry not the IT industry?

Thanks.
You are leaving out too much information to get a decent answer in my opinion. I think that anyone who would give you a decent answer would need to know what kind of job you perform and some examples of things that they want pre authorized.
 

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