# Do I have an excess of unpaid overtime? (Need help)



## Fraser19 (Aug 23, 2013)

Ok guys I have a situation here.

Two years ago I started a job and signed a contract for an annual salary of 43,680. Which breaks down to 1,680 biweekly. Now my HR manager who is new pointed out that my contract is for 75 hours bi weekly. When I started they explained they were going to make new contracts in a few months that would be changed to my salary and 80 hours bi weekly, but they never did. 

So now it is two years later, I have had the same contract of 43,680 and 75 hour bi weekly pay periods. So since I have worked 40 hour weeks since I started does that mean they owe me some money or time off? *To be clear I work 8 full hours a day and take a one hour unpaid brake, so I am at work for a total of 9 hours, 8 paid one not*

The way I worked it out was like this.

5 extra hours bi weekly, 26 pay periods in a year, so 130 overtime hours, times two years, 260 hours.

5 X 26 = 130 X 2 =260 

Am I on the right track here?

Also I live in Alberta, if that matters.


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## Fraser19 (Aug 23, 2013)

Double post.


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## MrMatt (Dec 21, 2011)

Talk to a labour lawyer.

I think you agreed to work 8 hour shifts, which at 5 days a week would be 40 hours/wk. Typically the unpaid lunch break isn't included in your shift.
That being said, you'd get any overtime back as time off. Likely because they don't want to pay you for working overtime.

I think your chances of seeing money are next to zero.
I don't even think you've been working "overtime".

I also wouldn't be posting a labour contract online, your employer may not be pleased.


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## Fraser19 (Aug 23, 2013)

I suppose Overtime was not what I meant. 

To make my work day more clear, I am at work 9 hours a day. I work a full 8 hours and take a 1 hour unpaid brake. Yes we do bank time here. So in my head at this time, since I signed off on a 37.5 hour work week or 75 bi weekly period would I not be working an extra 2.5 hours a week that I am not accumulating as banked time or being paid for.


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## peterk (May 16, 2010)

Did your working/break hours actually change when the "new contracts in a few months" were supposed to change? Were you actually working 37.5 hours at first and change to 40, or was it always 40 from the start?

What do you mean by "my HR manager who is new pointed out..." In what way/context did they point this out to you? What were they trying to tell you?


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## OhGreatGuru (May 24, 2009)

1. As a contract employee, you don't have the protection of a collective agreement.
2. As others have noted, lunch breaks are not included in "working time", so forget whining that you are "at work" for 9 hrs a day.
3. You say you were told verbally at the time of hiring that it was the employer's intention to revise all contracts to 80 hrs, with no change in salary.
4. You have worked 40 hrs a week for two years without raising the issue with your employer. This, together with Item 3, suggests tacit acceptance (on your part) of the 80 hours in spite of what your old contract may say. 
5. It's not at all clear to me why your "new HR manager" pointed it out. I suspect it's because he discovered it was not revised 2 years ago (through some oversight), and is informing you it needs to be updated - not that he thinks your employer owes you for 2 years of unpaid overtime.
6. You can talk to a labour lawyer, but I wouldn't give much for your chances of a successful suit.
7. Presumably, as a contract employee, you can have your contract terminated at any time. That seems likely to happen if you try to sue your employer because you've suddenly decided you don't like the hours you have been working for the past 2 years.


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## Fraser19 (Aug 23, 2013)

OhGreatGuru said:


> 1. As a contract employee, you don't have the protection of a collective agreement.
> *Sorry I am not sure what this means*
> 
> 2. As others have noted, lunch breaks are not included in "working time", so forget whining that you are "at work" for 9 hrs a day.
> ...


This is just what popped into my head. I was contracted for 37.5 hours a week at a specific salary. I have worked 260 hours above what I was contracted for and received the same salary. Yes I should have followed up on the new contract but as it can be easy to do, I forgot about it when I was told the new ones would be ready in a month.


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## Fraser19 (Aug 23, 2013)

peterk said:


> Did your working/break hours actually change when the "new contracts in a few months" were supposed to change? Were you actually working 37.5 hours at first and change to 40, or was it always 40 from the start?
> 
> What do you mean by "my HR manager who is new pointed out..." In what way/context did they point this out to you? What were they trying to tell you?


We started out with the 37.5, then we changed to 40 and were told new contracts would be made, except they never were.

The context it was pointed out was in the following situation.

This week I changed from a Tuesday to Saturday schedule to a Monday to Friday schedule. My boss sent an email to myself and the new HR manager. It states that I was changing from Tues to Sat to Monday to Friday. He then asked in the email if there were any other changes needed to be made to accommodate this.

The reply was


> I reviewed his contract and there is no specific mention of the days he would be working except that he works 75 hours every two weeks.


Hope that clears things up.


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## cainvest (May 1, 2013)

Not sure about the overtime issue, to me it seems like it might be a grey area. The question right now is, should you start working only 7.5 hours a day from this point on until the new contract is signed?


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## KaeJS (Sep 28, 2010)

The way I see it is you have lost 260 hours.

I wouldn't stir the pot since you are a contract employee.

From this point forward, I would go with cainvest. If the contract says 75 hours for 43k, you can bet your balls I wouldn't be working 80 hours for 43k.
I would just start working 75 from this point on. If you are questioned about why you are now working less, then I would explain the ordeal, but I wouldn't actively chase those 260 hours.


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## Fraser19 (Aug 23, 2013)

KaeJS said:


> The way I see it is you have lost 260 hours.
> If the contract says 75 hours for 43k, you can bet your balls I wouldn't be working 80 hours for 43k.


I get what you are saying. 43k, a year isn't much. However the truth is I am 25 and working in a lower paying industry. I am an addictions counsellor who is still working on my education, in addition I work at a non for profit organization so most people are making less than they could. But for me I am young with 4 years of experience in the field, I work at a well recognises facility and my employment here is something that will be an excellent thing in the view of a future potential employer. So at my age I think 43k, isn't a bad starting place. Also we do get a 2% raise every year, again not much but it is something.


Ok so I talked to the Executive Director who was very good. I went in and explained, I am not looking to cause any trouble and I am wondering what you think about this. She replied that yes this is an error and that she would be upset about six weeks of hours that were not paid. She stated that she will look into it and they will change the contract to 40 hrs a week and they will adjust the pay so that I am paid what my wage would be plus the extra 5 hours a pay period.

She also stated that once they have reviewed all of the information that they could factor in the pay of a bonus performance cheque or some form of scholarship. She stated those were some starting ideas but she will have a better idea about what the options are once HR has reviewed the situation.


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## KaeJS (Sep 28, 2010)

Fraser,

I apologize, as I can sense there is a miscommunication.

I was not judging your income. In fact, my salary is less than yours. I make $41.5k/year. I was merely just stating that if my contract says 75 hours for $43k, that I would never work 80 hours for $43k until it was changed "officially".

The salary is irrelevant. It could be 75/80 hours for $250k, if the contract said 75, then I am working 75.

So, with that all being said, I was in no way commenting on your salary. I was just commenting on the contract. As I said - you make more than I do. I am not trying to be on my high horse. I apologize for the confusion.

Fraser, it does seem like you are making headway with your concern and that they are willing to work on it with you. They probably don't want to get into any trouble themselves, either. I think you will be fine.

Make sure you post up and let us know what HR comes back with.


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## Fraser19 (Aug 23, 2013)

KaeJS said:


> Fraser,
> 
> I apologize, as I can sense there is a miscommunication.
> 
> ...


Thanks for your input. I didn't really think you were judging me, but on the internet it can be a real challenge interpret what is said with out being able to view tonality or body language. And yes it seems that things are working well between my employer and I.


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## OhGreatGuru (May 24, 2009)

Congratulations on what appears to be a positive outcome of your meeting with your Executive Director. 

In your initial post you stated "they were going to make new contracts in a few months that would be changed to my salary and 80 hours bi weekly". I inferred from this that your annual salary would not increase. It appears you meant to say "80 hours bi weekly at the same hourly rate", in which case your salary should have increased. 

It sounds like your employer is willing to discuss options for retroactive compensation - I suggest you be equally flexible. Actually adjusting your pay retroactively could be a serious accounting problem for them.


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## cainvest (May 1, 2013)

OhGreatGuru said:


> Actually adjusting your pay retroactively could be a serious accounting problem for them.


It's a minor problem, I've had it done twice in the past normally due to upper managment being late on reviews.


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