BG Law advice... contract language clarification.

[Bingbong]

Having an issue at work in regards to some overtime pay. Under the rules of my labor contract:

6.1 Time and one-half the regular hourly rate of compensation shall be paid (a) for all hours worked in excess of forty (40) straight time hours in the workweek; (b) for all hours worked on the sixth or seventh days worked in a workweek; (c) for all hours worked after thirty-two (32) hours in a week in which a paid holiday occurs.

The issue is that I worked 6 days in a week (Mon thru Saturday). My hours however for Mon-Fri only totaled 37. I feel the 4 hours I put in on that Saturday should have been all overtime, the company is only paying me for one hour OT.

I could see their point, however, in other parts of the contract, the company uses the same syntax to describe exclusive conditions, not inclusive ones. For instance:

10.2 An employee shall cease to have seniority and shall be removed from the seniority list if (a) the employee is discharged for cause; (b) the employee quits; (c) the employee does not return to work at the expiration of leave of absence.

Since you can't be fired AND quit, this syntax tells me that the company is saying (a) OR (b), not (a) AND (b). Finally, to further prove my point, there is language later in the contract where inclusive conditions need to apply, and they use the word AND to connect it:

10.8 Four (4) designated Union Chairpersons shall have top seniority in the event of a layoff provided (a) they are qualified to do the work remaining to be performed and (b) they have seniority status of not less than three (3) years.

Something I'm missing, or just big company doing big company things?

[aurik]

You are owed 4 hours of overtime and 37 hours of regular time pay.

[hey]

(b) for all hours worked on the sixth or seventh days worked in a workweek;

Seems pretty clear to me.

[Greatguardian]

Big company hoping its employees don't read their own contracts or care enough to press the issue.

Happens all too often.

[Ksandra]

stupid question, but to make sure, what is your company's considered "workweek"?

When I worked at the bank they ran on a saturday-friday schedule, so you could still technically be working monday-saturday but that saturday would be thrown on the next week and therefore no overtime.

[aurik]

stupid question, but to make sure, what is your company's considered "workweek"?

When I worked at the bank they ran on a saturday-friday schedule, so you could still technically be working monday-saturday but that saturday would be thrown on the next week and therefore no overtime.

Only if they gave you 2 days off the next week.

[Ksandra]

Only if they gave you 2 days off the next week.

of course, he didn't say this was a regular thing though. (also banks aren't open on sunday so that's a guaranteed day off so just another extra day that week). It happened a lot though they would rotate people in on sat then gave them off a day on like tuesday or wednesday when the bank is not as busy.

[LinktheDeme]

I think the bigger question here is are you a part of a union? if not do you really want to hassle them for 3 hours of overtime pay?

edit: Oh and if you have a union, go to your union rep.

[Bingbong]

stupid question, but to make sure, what is your company's considered "workweek"?

When I worked at the bank they ran on a saturday-friday schedule, so you could still technically be working monday-saturday but that saturday would be thrown on the next week and therefore no overtime.

A workweek is defined in the previous article:

5.2 Five (5) days, Monday through Saturday inclusive, shall constitute a normal workweek.

I think the bigger question here is are you a part of a union? if not do you really want to hassle them for 3 hours of overtime pay?

edit: Oh and if you have a union, go to your union rep.

Yes, I am in a union, going to speak to the rep tomorrow, but I know he doesn't read this stuff all that well, so I'm trying to cover bases on my own.
Second part... fuck yes I want to hassle them for overtime. It's money I've earned.

[Dmitry]

Hmm, that makes me want to check my company's OT policy. I come in at 11pm and have hours on my time sheet for 6 days every week.

[Skyylya]

A workweek is defined in the previous article:




Yes, I am in a union, going to speak to the rep tomorrow, but I know he doesn't read this stuff all that well, so I'm trying to cover bases on my own.
Second part... fuck yes I want to hassle them for overtime. It's money I've earned.

I agree with you that it's money you've earned and while it's good you're in a union. I know at my job the way things are if I pushed something that insignificant and irritated them I might be put on a list of people they start collecting information about to possibly get rid of me.

But then again, I also work in admissions for a for-profit online college which has a similar working environment to nazi germany.

Best of luck, I hate it when corporate greed takes priority over hard working people.

[Acturus]

The language of the agreement says it's up for interpretation, which means it's poorly written language.

Is there an overtime policy document outside of the contract, or something that can be used to establish intent or precedence?

[Rhinox]

Just going to say I think it's pretty funny you're a conservative bb and in a union your party is trying to shit on.

[archibaldcrane]

The language isn't confusing, you're reading it correctly, they owe you 4 hours of time and a half pay and 37 hours of regular pay - period.

[aurik]

Even if it was, ambiguous contracts are interpreted in favor of the party that did not draft them.

But the language isn't confusing at all. Get your union involved because I guarantee that they won't like that you're being underpaid.

[Ddz]

You should be paid time and a half for the 4 hours worked on Saturday, and regular pay for the 37 worked M-F, according to what you just posted.