Ethical dilema ....

[Seahawk]

Work rules are put in place to ensure employees are not disadvantaged by superiors and are compensated fairly for their time.

Clearly Shell gooned the particulars of their work rules as expressed in hours worked per day vice hours per week. Shell should have had additional guidance for flex weeks, etc.

If you were not burdened by overtime in either hours per day or hours per week during your employment I wouldn't claim it...but I haven't watched a clock in my life.

I couldn't, and wouldn't claim compensation on what is essentially a clerical and accounting error.

[scottmandue]

Originally Posted by 968rz

Take the money and run, who, who, who.
You earned it and it was part of the deal when you were hired.

I believe it is "Take the money and run, woo, woo, woo

We have a reverse situation here... we occasionally work evenings (+8 hours) and accounting sometimes 'forgets' to pay time and a half.

[aschen]

I think you should write them a thank you letter for only working you 40ish hours a week.


Call me a cynic but I do not think it would be a simple matter for them to hand over your entitlement.

[porsche4life]

Originally Posted by aschen

I think you should write them a thank you letter for only working you 40ish hours a week.


Call me a cynic but I do not think it would be a simple matter for them to hand over your entitlement.

This. I suspect the only phone call that would do any good is to a Lawyer, and then the $$$ drops.

It would be a different scenario if you signed on to work 8s and then they stuck you on 10s every day. You knew the schedule, and signed an employment agreement to receive compensation based on working that schedule. To turn around and demand more money after the fact is pretty schitty.

And you got lucky only working 40... My last salaried job said only 40 on paper, but it was clear they own your ass. I only worked 40 if you didn't count the days I left at daybreak, or got home at 7 or 8pm from driving to or from a meeting.

[Neilk]

As I read, you agreed to work 4 * 10 instead of 5*8, to me that would mean that regardless of any admin rulings, that you were compensated as expected.

[ckelly78z]

So you didn't have a problem with working 40 hours in 4 days for the pay you got while employed there. Now, after supposedly contacting a lawyer, or somehow coming to the realization that there is a loophole, you are willing to put your good name and reputation on the line to HOPEFULLY see financial gain. This is forgetting about the fact that you only worked 32 hours a week for normal pay, and that makes you a part-time employee with no benefits which, (by the same law that you are citing) should be paid back in full. I think I would drop it and forget it, and not mention it again.

[onewhippedpuppy]

If a company paid me what I expected to get paid, then I say we are even.

[devodave]

As someone who works 4-10s myself, let me ask you this. How many holidays did you get in a normal year and did you get paid for all of those? That would typically be 100 hours a year vs. the 80 most others would receive. I say you were paid what you earned then and you are not really entitled to additional compensation. My guess is you already think that too or you wouldn't have had to ask!

[red-beard]

How much is the lawyer getting?

[Bill Douglas]

The deal suited you (4 x 10) and you accepted their offer. This overtime thing was meant for people in other situations such as five working day people, and no one worked out the small print for you 4 x 10 people. I think it would be taking advantage of an employer who has been good to you.

I've always believed work is a privilege and be grateful. And when I no longer felt it suited me I left but I didn't argue the situation.

[1990C4S]

Originally Posted by Bill Douglas

This overtime thing was meant for people in other situations such as five working day people, and no one worked out the small print for you 4 x 10 people.

Actually, according to the OP, the law says the overtime was meant for people who worked more than 8 hours per day...anything beyond that is your personal interpretation.

You're free to argue that 4x10 is a good deal versus 5x8 (a deal I would gladly take), but he still has a legal right to be paid two hours of OT each day if his facts are stated correctly.

[jwasbury]

Perhaps the laws are different where the OP worked but here in NJ, overtime is only due and payable when an employee physically works more than 40 hours in the work week.

I've spent countless hours explaining that concept to intellectually challenged warehouse workers who couldn't grasp that they wouldn't get time and a half for putting in an extra 2 hours on one day when they had called out sick the previous day.

[rattlsnak]

I say take it. My GF is salary based on 40 hours and her schedule is 4- 10 hour days a week. She NEVER gets out on time and easily works and additional 10 hours a week, and may times an additional 16 hours, mainly because she has so much to do and "it's expected" for her to finish the daily notes, well, on a daily basis no matter how long it takes. And then she spends at least 4-6 hours on her off days making sure everything is caught up before her next week starts. They laugh if you mention getting paid OT as it has been brought up a few times by many other employees before. Never gonna happen. So please, take it on her behalf!

[bpu699]

My understanding is that OT is based on weekly pay, not daily...

Also, excludes proffessional or highly compensated individuals...

I find it hard to believe that Shell's HR dept somehow "missed" paying OT intentionally...

If they did, you have a class action lawsuit they would be facing...

I know lots of folks that work 4 ten hour shift. None get OT.

Bo

[lowyder993s]

Originally Posted by jwasbury

Perhaps the laws are different where the OP worked but here in NJ, overtime is only due and payable when an employee physically works more than 40 hours in the work week.

I've spent countless hours explaining that concept to intellectually challenged warehouse workers who couldn't grasp that they wouldn't get time and a half for putting in an extra 2 hours on one day when they had called out sick the previous day.

Lucky You!!!

My Collective Bargaining Agreement places OT at WHAT TIME the employee worked!
Hence, my drivers often start at 3 a.m. (OT) to beat traffic. They are on OT till 6 a.m., then it shifts to reg. time. BUT...after 8 hrs work, they are to be paid at OT rates till 10 hrs, then dbl time. Unions...you gotta love 'em!

[Hugh R]

If it bothers you, take the money and donate it to your church, or the United Negro College Fund, the elect Hillary campaign, or something like that.

[flatbutt]

Sammy, I give you props for considering letting it go. If it read "any hours over 8 perday goes to 1.5X" then you would be entitled to it. AND if you were a true blue collar worker just making ends meet then I'd guess you could (or anyone would) go for it. If they offered it I'd take it but not sure I'd lawyer up to demand it. Sure sounds like a 1st world country kind of problem though.

[MBAtarga]

We are talking California guys - CA Dept of Industrial Relations site - Overtime required when -
"One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; "

I work for a large telco - that has offices in CA. Project Mgrs out there work only 8 hrs per day - and then go home.

[JJ 911SC]

Bonne Chance...

https://www.google.ca/search?client=safari&rls=en&q=in+california+when+does+overtime+star&ie=UTF-8&oe=UTF-8&gfe_rd=cr&ei=3wAXVuu_NImN8Qe64aXQBA#q=in+california+when+doe s+overtime+start

[JJ 911SC]

Originally Posted by bpu699

My understanding is that OT is based on weekly pay, not daily...

Correct, after 40 hours

4 days @ 10 hours = 40 hours = NO Overtime