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Labor and Employment Law

Ohio Employer's Law Blog

Visit the Ohio Employer's Law Blog, written by Jon Hyman, for practical employment law information.

  • Hi Jon,

    I am the President of my Local Union. After doing some research, I believe that my place of business has been out of Wage and Hour FLSA compliance for years. I was hoping you could give some advice?

    We work what our employer calls a 21 day rotating schedule.

    We start our cycle on a Wednesday through Tuesday. 7am to 3pm, for 7 consecutive 8 hour shifts.

    Off Wednesday

    We come back Thursday through Wednesday and Work 3pm to 11pm, for 7 consecutive 8 hour shifts.

    Off Thursday

    On our last week, we start on Friday through Thursday and work 11pm to 7am, for 7 consecutive 8 hour shifts.

    Off for 4 days Saturday through Tuesday.

    All of the above hours are paid as straight time. No overtime for the 6th and 7th consecutive days or for the hours worked over 40.

    It is obvious that the company is starting our schedules midweek to avoid paying overtime. We always assumed it was a loophole that they were exploiting and there was nothing we could do about it.

    It's a brutal schedule to work, with only one weekend off a Month and swinging every week, our quality of life is horrible.

    We're hoping you could help advise?

    Thank you

    Robert L. Comer

  • Hi Jon,

    I am the President of my Local Union. After doing some research, I believe that my place of business has been out of Wage and Hour FLSA compliance for years. I was hoping you could give some advice?

    We work what our employer calls a 21 day rotating schedule.

    We start our cycle on a Wednesday through Tuesday. 7am to 3pm, for 7 consecutive 8 hour shifts.

    Off Wednesday

    We come back Thursday through Wednesday and Work 3pm to 11pm, for 7 consecutive 8 hour shifts.

    Off Thursday

    On our last week, we start on Friday through Thursday and work 11pm to 7am, for 7 consecutive 8 hour shifts.

    Off for 4 days Saturday through Tuesday.

    All of the above hours are paid as straight time. No overtime for the 6th and 7th consecutive days or for the hours worked over 40.

    It is obvious that the company is starting our schedules midweek to avoid paying overtime. We always assumed it was a loophole that they were exploiting and there was nothing we could do about it.

    It's a brutal schedule to work, with only one weekend off a Month and swinging every week, our quality of life is horrible.

    We're hoping you could help advise?

    Thank you

    Robert L. Comer