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8 hours a day vs 9

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cbg

I'm a Northern Girl
You do realize that if you work for a private employer, comp time in lieu of overtime is illegal, right?
 


You do realize that if you work for a private employer, comp time in lieu of overtime is illegal, right?
really? so, how does one report that and to whom?

I was a Social Worker for a private Foster Care agency. They drove the workers to the bone and gave us little incentive. That comp time offer was actually the best we got and it was a challange to use all the comp time we accumulated. My supervisor was an evil passive-aggressive sleepy spider. Creepy and unpredicatable (not sure if spiders are unpredictable actaully, but, you get the idea).

I'd like to report them for their illegal behavior, in the end the treatment they give to their workers hurts the children.
 

cbg

I'm a Northern Girl
Okay, you're still within the limit,You can call the DOL.

So it's a great benefit that you're advocating others should get, and now you're doing a complete 180 I-want-to-report-them, huh?
 
Okay, you're still within the limit,You can call the DOL.

So it's a great benefit that you're advocating others should get, and now you're doing a complete 180 I-want-to-report-them, huh?
Do you think I shouldn't report them? I mean will it ruin it wreak havoc on the workers? I mean, is the company obiged to give the non union Sw's paid OT? I was THE only MSW in the group. there were a couple of Masters in Psychology students. But most of the "case workers" who when they heard me referring to myself as a Sw (becasue I had just paid 40 grand to get a masters degree in Social Work) were calling themselves Social Workers as well. The many of the child care workers hadn't completed undergrad. Should they have been unionized? Would reporting make the company take care of the ALL the workers? Everyone agreed paid OT would be better than comp time.

So, I'm sorry if I don't know what you mean? Would I be screwing the workers to get the company in trouble?
 

cbg

I'm a Northern Girl
Whether you should or should not report it is entirely up to you. There was a law proposed not too long ago that would allow employees who preferred time off to overtime, to choose it; however, the law did not pass due to a lot of inaccurate propaganda and it remains illegal to offer comp time in lieu of overtime even if the employee prefers it. If most of the employees think it's a great benefit, as you did at the beginning of the thread, they probably won't thank you for bringing it to an end. If most of them would prefer to have the overtime, that's a different story.

I just found it curious that you went from "this is a great benefit I used to get, too bad you don't all get it" to "where can I report this illegal action on the part of the employer" in the same thread.
 
Right, I see what you mean. This is the problem with internet communication, things are often misunderstood and communcation clearly is limited. I was coo on comp time, seeing the SW's weren't given paid OT. now that I think about it, The "child care workers" WERE given paid OT. It was the Social Workers who were given Comp time becasue the agency didn;t want to pay OT. I'm wondering, were they giving us the comp time to avoid paying OT or were they giving the Social Workers (us) an added bonus because paid OT did not apply to Social Workers/Case Workers?

So to clarify, and I can understand your why you'd wonder, I was keen on comp time opposed to NOTHING, but if I am to find out they were supposed to be giving us paid OT and that they were essentially, scamming on us, that's wrong and, yes indeed all the case workers/SW's used to say how they would prefer money in their pocket. We all scarmabled to use out comp time. It was good when we were able to use it. There were some messy politics going down when I left, so months before I left I wasn't able to use it anyway. it worked when one could use it and again, it seemed great opposed to no incentive at all. Hey, in the end, money talks!
 

ecmst12

Senior Member
If you are a social worker, you could be considered exempt under the 'professional' exemption. In which case, you were NOT entitled to overtime OR comp time, but it would not be illegal for the company to choose to offer you comp time if they wished.

It is only illegal to offer comp time to NON EXEMPT employees as a way to avoid paying overtime.
 

justalayman

Senior Member
If your employer is expecting you to WORK when on lunch break AND not pay you, that is exploitation. If the employer gives you a break during your day, he/she is NOT required to pay you if you go PLAY/EAT/SLEEP, etc. That is NOT exploitation.

as a side note justalyaman, my coworker and I both have a 9-5 schedule, but we do NOT have a scheduled lunch hour. We eat as we can at our desks, in between phone calls and work.
but I don't know you Ginny J, but we could change that;)
 

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