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-   -   Ethical dilema .... (http://forums.pelicanparts.com/off-topic-discussions/886174-ethical-dilema.html)

Mark Wilson 10-08-2015 04:12 PM

The law was what the law was. If HR did not research the law before the 4x10 schedule was approved, then it's on them. Take them money and do something nice for you and the fam. You earned it.

flatbutt 10-08-2015 04:14 PM

Quote:

Originally Posted by JJ 911SC (Post 8828237)
Correct, after 40 hours

4 days @ 10 hours = 40 hours = NO Overtime

unless their policy states OT after 8 hrs in one day...no?

SilberUrS6 10-08-2015 04:59 PM

If the rules in place at the time entitle you to the extra money, then take it. Why? Because you earned it. Those were the rules, and you did your part. Its not unethical to get the money you earned, doing honest work, under a system not created by you. If you have to get a lawyer involved, then skip it. If all you need to do is make a call, then do that. If you don't really want the money, donate it to your church, or your favorite charity, or a political candidate or 20.

JJ 911SC 10-08-2015 06:10 PM

The question was, Ethical Dilemma.

Sammy, did you enjoy your 3 days week-end?

My work week is 37 hrs; 8+8+8+8+5. I would love to do that time in 4 days, save a 20% on transport cost and time in traffic and enjoy 3 days week-end.

If you did enjoy your 3 days week-end I would say let it go.

if you think you have DNA entitlement to sue, go for it.

Hugh R 10-08-2015 06:43 PM

Over 8 in CA= OT, different than the Feds.

Esel Mann 10-08-2015 07:20 PM

Quote:

Originally Posted by Mark Wilson (Post 8828249)
The law was what the law was. If HR did not research the law before the 4x10 schedule was approved, then it's on them. Take them money and do something nice for you and the fam. You earned it.

You can be "right" but still lose. Yeah you will get your monies (hope you were collective to spread the legal fees across multiple parties) but word gets around afterwards. Are you going to retire? If so go for it. Otherwise do not underestimate your opponent. This will burn like cologne on their ball bag and they will not forget you!

No, I did not sleep at a hdxpress, no I'm not a lawyer. A simple enginbaneer who got ring side seats multiple times watching this type of drama (salary exempt/non-exempt) unfold.

stomachmonkey 10-08-2015 07:39 PM

It feels a bit like getting back more in change than was due and then keeping it.

Someone else making a mistake is not an excuse to leave your integrity at home.

Tervuren 10-08-2015 07:51 PM

If they contact you to give you money, take it, otherwise, let it be.

SilberUrS6 10-08-2015 08:39 PM

Quote:

Originally Posted by stomachmonkey (Post 8828450)
It feels a bit like getting back more in change than was due and then keeping it.

Someone else making a mistake is not an excuse to leave your integrity at home.

Wut? No, it's like them not giving you back enough money in change, then you not noticing it until the next day. Is it worth the hassle to get the money? I dunno, depends on the amount of change. $40k could buy a pretty nice 3.2, and a really great SC.

nota 10-09-2015 07:04 AM

I worked as a driver for a wholesale fish corp in the mid 70's
they claimed to an agricultural corp and exempt for O/T

somebody else complained about not getting O/T paid
I never did anything about it
and I got a check about a year later after I left
as the feds said wholesale is not agricultural

vash 10-09-2015 07:41 AM

Ethical dilema ....
 
Wouldn't you then be AWOL one day a week? :D


Sent via Jedi mind trick.

DanielDudley 10-10-2015 06:53 PM

I don't see this as much of an ethical dilemma. It won't particularly hurt the company or its investors, even with multitudes taking part in this settlement. However, the company did do well by you, AND you don't really need the money at this point in your life, so you can afford to do what you feel is the right thing, without any suffering.

If you do this solely from an ethical standpoint, then good for you. However, if you use this as an example of how generous and altruistic you are, and then count yourself better than others, then it really isn't about the ethics, as you really won't have made any great sacrifice and there isn't really any great dilemma on your part.

So, do what you think is right, and don't make a big deal out of it. What did Jesus say about the Pharisees who prayed in public ?

cstreit 10-10-2015 08:46 PM

If they overpaid you, would they ask for the money back? Same answer applies.

wildthing 10-11-2015 06:56 AM

Check your offer letter. Do you have an hourly rate or a salary on there?

You might be "exempt", not non-exempt.

KFC911 10-12-2015 01:21 PM

Quote:

Originally Posted by sammyg2 (Post 8827354)
The law states that any hours worked over 8 hours per day are to be paid at time and a half, unless the employees are covered by a collective bargaining agreement (union) or if the company holds a secret ballot vote and 2/3rds of the employees affected agree top give up their right to that overtime.

Many years ago, I was hired by Shell oil company.
The position was salaried-non exempt as it was a technical position. That meant salary plus overtime.

The working schedule was 4x10 (10 hrs per day 4 days per week).
......

Let it go (but I haven't read the rest of the thread either)....

If'n you don't, I'm afraid some very large corporations are gonna ask me to "unretire" as I owe them some back "hours" :D

Always salaried and exempt, I worked HARD early in my career to reach a certain level and always felt under compensated then (for what I KNEW and did)....more than made up for it later during the "gravy train years" though ;)


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