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overtime used to make up base salary

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M

mhoopes

Guest
New Jersey

I work for a fire department as a non firefighter. Under my contract I have a yearly base “salary” stated on 2080 hours / year. Since I do not apply as a salary employee, any hours over 40/week is considered overtime. The problem is that recently the work week has changed from 40/ week to a 3 week schedule. Week 1: 36 hours, Week 2: 36 hours, Week 3: 48 hours, this equals 1904 hours / year with the same listed “salary”.

The employer is now using the 8 hours of overtime in the 3rd week worked to make up the difference in the first 2 weeks of missed hours to equal the yearly base rate salary as stated in the contract. It is my understanding that the base rate salary is to be made up from non overtime hours and any overtime is to be just that, time over the new schedule of 1904 hours / year.

This in turn also reduces my yearly pension earnings as overtime is not calculated as part of it and lowers the amount of longevity.

Is this legal and if not how do I fix it?
 


Beth3

Senior Member
So are you a government employee? In the private sector, what you describe would not be allowed. You'd have to be paid time and a-half for the eight hours of OT in week 3. However in the public sector, wage and hour rules often change on this (they do for federal employees.)

I suggest you contact your State's Department of Labor/wage and hour division and discuss this with them.
 

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