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Question
I am having lots of trouble with HR to get monies that I believe that are owed to me.

My original work schedule is M-F 7:30a-3:30p.  I picked up an extra shift.  I was told that anytime worked over my 40 would be OT which I understood.  Well the first worked a total of 52 hours and the second week I worked a total of 32 hours and took 8 hours PTO time to make my 40 hours for that week.  Also, I'm supposed to get paid differential pay for the additional 12 hours worked due to me working on a Sunday.  Well till this day they are still investigating it to make sure that I'm supposed to get paid due to the way my profile is set up.  This is HR excuse.  I am a FT school nurse and concurrent with working as a PSA through my 2nd position within the same company.

Well payday came and I was told that because I worked 52 hours the 1st week that I couldn't use my 8 hours PTO on my 2nd week due to the "True Up/True Down rule."  Can this be done?

I've also had a paycheck where I worked OT and was not paid due to the TRUE Up True Down rule so they put that OT in my PTO bank. I hold 2 positions at my place of employment and I don't even want to pick up any extra hours do to my account being so  messed up.  

Please let me know if there is anything that I could?

Thank you

Julia

Answer
I do not believe this is a correct way to do time. The Fair Labor Standards Act says that you need to be paid overtime for all time over 40 in a week. The rule also says each week stands alone. This means they are not allowed to average two weeks together to make the 40 per week.

Although it is not done properly I don't know how far you wish to go with it. You can contact the department of labor , they will investigate and if the company is doing it incorrectly which they are they will tell them that they must pay the overtime and that they cannot average the two weeks together.

The company will also know that you have contacted the Department of Labor and complained about it. It is your right to do so, but you need to be aware that the company will know you have done so.

Shirley

Human Resources

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions pertaining to Compensation, Health Benefits, Retirement Plans, Payroll,Payroll taxes, Employee selection, Employee Termination, Training, and Employee Incentives. I have offices in U.S., Canada, UK, South Africa,Australia and NZ. I am most confident in the U.S. and Canadian but have knowledge of the internationals. I do not have extensive knowledge of South Africa, Australia and New Zealand. I do have some Human Resource Knowledge in those areas. Please do not ask me homework questions, I do not have time to answer them.

Experience

I currently hold both the U.S. and Canadian Payroll Certifications. I currently hold the SHRM PHR certification. I have worked in the Human Resources area with high emphasis on compensation and benefits for 25 years at the same company. My company is an international company and I work with our International offices whenever there is a Human Resource area needing addressed. I volunteer on the American Payroll Association hotline and have for the last 10 years or so. I answer many questions each week for other payroll and HR professionals, mostly on taxes, benefits and compensation issues. I have been the trustee for our 401K plan for Retirement benefits and our 125 Cafeteria Plan for Health Insurance benefits.

Organizations
SHRM, National APA, National DOLEA, State National Mentoring Network I.O.M.A. Advisory Board

Publications
I.O.M.A. BNA

Education/Credentials
Boise State University Human Resource Certificate Program PHR through SHRM CPP through American Payroll Association Payroll Administrator and Payroll Supervisor certification through Canadian Payroll Association Published writer of Payroll and Benefit articles in a payroll Publication 25 years experience in an International Company

Awards and Honors
Citation of Merit 8 years in a row for hotline service for A.P.A. Honor Award for child mentoring service through RSVP and National Mentoring A "Pat on the Back" award for outstanding leadership as a Youth Group Leader by "The Salvation Army." Runner up for Employee of the Year at my Company twice and Employee of the month 4 times.

Past/Present Clients
I used to answer questions on Ask.com when they had a similar quesition and answer section. I volunteer for APA hotline I also belong to several HR forums when I often answer questions

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