My husband's employer accidentally scheduled him for an extra 45 minutes per week for multiple weeks on end. Can he recoup the lost wages?
My husband is a medical professional working in the state of NC. He recently discovered that due to a clerical error with the person who schedules patients, he has been working an extra 45 minutes every single week. This was overlooked for multiple months and so far the only that has happened is the person doing the scheduling has gotten a slap on the wrist.
Are there any legal ramifications for this? Can anything be done?
Posted Sep 8, 2021, 4:09 PM UTC
07
Is he an hourly or salaried employee?
If he's an hourly employee, he's entitled to be paid for all hours worked.
He's salaried.
Well then they can schedule him 40 hours a week, 45 hours a week, 35 hours a week, 55 hours a week, etc. and are just required to pay him the agreed salary. Assuming he is properly classified as a salaried, overtime exempt employee.
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That's going to be fewer than 1% of private-sector nonunion employees in the U.S. having some sort of bona fide, enforceable contract like that. Add to that, the whole point of making someone salaried exempt is so that you, as an employer, can schedule them whenever you want. If they wanted him on a set schedule they'd make him hourly.
What employment paperwork are you referring to? A claim for what?
Employers are free to adjust the schedules of salaried employees and schedule them an extra hour a week without owing them more money.
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