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Employers and making up hours question

CrazyGuy03

CrazyGuy03

New member
So this has come up a few times regarding someone close to me. They are paid hourly and hired On a 40hr/week schedule.
They get 8 hours personal time quarterly. (Which is horrible I think- I'm used to 40 hours up front each year)
so they get sick or use it for whatever reason , they have no more personal time for a while. If they do call off again without personal time , the employer starts demanding when are they going to make up the hours or face being written up.
Can they do that? I would not feel like discussing how I am going to make up 8 hours while I'm home sick or let alone being sick and now having to work 12 hour days to make up time.
Just wondering if he/she has any rights here and should stand up for themselves
At my job, you call off it's frowned upon and your "punishment" is just having a smaller paycheck. Frequent calling off could lead to a discussion about termination but that would have to be chronic abuse of not showing up to work.
 


you mean he makes a 40 hr based salary? so they pay his the same every week deal?

i had a job like that, i got paid a 50 hr salary per week, but if i worked more than 50, the hours went into the activity bank as they liked to call it.

if you worked less you owed the bank. but most had a balance of plus hrs.

then someone smart figured out that if you miss a day, and use your banked hours, mind you all hrs in the bank are time and a half, cause they are over time hours. yet they would just dole out 8 hr strait time and 2 hr ot for that day you took. aka scamming us

so most of us cashed out our banks and told them to just pay us weekly as per our hours.

we did get 1 week personal time, and 2 weeks vacation time after a couple years of in time.
 
then he owes them nothing, if he just gets paid the hours worked. if your sick and loose a day of work, you lost that days pay. and your all even.
 


I been trying to locate a specific article to show them stating that.
For example, when no decides to show up to work to open it up, and you're there ready to work but can't get it, NYS says you're entitled to 4 hours of pay
This had happened to be before due to snow. I would wait outside the office for an hour before going back home. Proved they owed me hours and got em
 
Your friends best bet is to contact the labor board and ask them. I do not think there is a law one way or the other regarding hourly employees making up lost time. Unless there is something in the employee handbook stating such, then the employer needs to go kick rocks.

That employer sounds a lot like someone I used to work for. Very unappreciative, acts like they own employees, etc.
 
I agree. I can understand why my friend feels the way they do. Like they always owe their work time like it's some sort of prison term wtf
 
I'm pretty sure the employer is within their rights to "force" work (within reason), however obviously if he took personal time for his absence then any time over 40 hours (during the makeup time) would be at overtime rates.

There would be a few limitations on the employers ability to do this - but probably not in your friend's favor. For instance if nobody ever works on a Sunday, he probably can't be forced to work on a Sunday. (But if that's part of the normal work schedule, then that time can be forced.) The idea is that the company needs to produce a product/service in order to be sustainable, and it relies on the employees to do this. It does also depend on the nature of the business and a few other factors as well.

Every state is slightly different, but in general your friend will probably have to make up the time if the employer forces him to.
 


you cant force someone to make up hours for the co, unless hes on a line and has a quota to meet and he signed a contract saying so.

your an employee, not a slave.
 
Yeah. It's not a production type setting. More of a call center : office work stuff.
I'll have them check if there is anything in the handbook or if they even have one
 
id tell em to blow me,,,for real. i would. done it before, im sure ill do it again.

last job that f ed me i f ed them right back. called the labor board and got unemployment when i walked off the job. seems you cant make some one full time, then hire someone back and then make me, the full time worker less then part time.

i even collected two extra weeks ui from the time they hired the old guy back. cause they lied to me and said they were slow, when in fact the old driver was back working full time the whole time.

was real funny when they tried to deny my ui claim, that didnt last long at all lol i told my story, then the dumb f said pretty much what i said, and you just cant do that.

when they did call me one friday i had 3 local delivery's to do and maybe 3 hrs work, im like am i part time or full time? hes looks at me blindly. so i yelled it, the office was so quiet you could hear a pin drop, all eyes on us lol im like so what is it!!!! full or part!!!????

he cleared the lump out his throat and said part time, and i yelled **** you!!!!! you were all concerned if i'd take the full time work when the other guy who totaled your truck and is now on pain killers all day long feels like hes ready to work again.. pure BS.

i made sure to tell the labor board the other guy was on pills all day long too. you cant drive a truck on pain meds.
 
I'm blown away by talk of "can't do that". Employees have zero rights that I've observed in my 30+ years of being one. You get paid only what the boss wants to pay or you leave. When they show signs of being control freaks I bail.
 


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ive refused to drive a truck due to its mechanical condition. no one is forcing me to drive a total unsafe pos. it killem to put like 3 grand for all the work it needed, they send me with another driver to pick the truck up, and i look at the shop guy and ask where the new front tires. shop: was told to not change em. ok no problem....

i drive the truck back to the yard and parked it and told them im going home and walked out, they gave chase because i was on my way to maryland with a full truck load. to pretty much the best customer they have lol

i told the owner, you f ing drive it! tell me you feel good bouncing all over for the next 5 hrs, see ya later, im going home. theres no debate. i walked, once again they chase me down, ok get new tires at so and so and then please go to maryland. lol only when i got my way did i agree to go.

that truck never drove/rode so nice too lol it was still a pos, but the front end was solid.
 
http://labor.ny.gov/workerprotection/laborstandards/faq.shtm

Q: Must an employer pay workers for holidays, sick time and/or vacations?

A: Under the New York State Labor Law, payment for time not actually worked is not required unless the employer has established a policy to grant such pay. Holidays, sick time and/or vacations fall under 'time not worked.' When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.

Fringe benefits may include:
Reimbursement of expenses or tuition
Health coverage
Payment for - Sick time - Vacation - Personal leave - Holidays
Click to expand...

Q: What are the rules for overtime?

A: The overtime requirement is based on hours worked in a given payroll week. Thus, time and one-half, double-time - or any amount higher than the agreed rate - is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday.

Code: 
Employees                              Overtime Rate
Covered employees                 One and one-half times their regular, "straight-time" hourly rate of pay
Non-residential employees      Applies to all time over 40 hours in a payroll week
Residential employees ("live-in" workers)       Applies to all time over 44 hours in a payroll week

Federal law excludes some types of employees from the requirement to receive one and one-half times their regular rate of pay. Many people call these "exempt" positions. The Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division, outlines occupations excluded by federal law. You can find the act at:

http://www.dol.gov/elaws/esa/flsa/screen75.asp
New York State follows these exclusions. However, the State still requires that they receive at least one and one-half times the minimum rate of $8.75 for their overtime hours in businesses covered by the Miscellaneous Wage Order.
Click to expand...

Q: How many hours can an employer ask an employee to work?

A: There are no limits on:

The number of work hours per day (except for children under 18)
How early in the morning an adult employee may work
How late in the day an adult employee may work
In some industries and occupations, an employee must receive 24 hours of rest in each calendar week. Such jobs include work:
In factories
In mercantile establishments
In hotels (except resort/seasonal hotels)
In restaurants (except small, rural restaurants)
As an elevator operator
As a watchman
As a janitor
As a superintendent
For a complete list of the "day of rest" provision of the law, go to:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Click to expand...
 
You have a right to quit. You cant just take an hourly job and decide you want more than X amount of vacation after you've already accepted the position. You start demanding rights or changes by yourself you are going to get fired one way or the other. If you really think you have a case, then you need to get what the employer is telling you to do in writing.
 
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