Overtime

I was a salaried employee and worked 50 hours per week. After approximately 9 months, I was changed to hourly with 40 regular and 10 OT. When our branch wasn’t performing at it’s expected sales rate, all shop OT was cut. Every hourly employee is back to 50 or more hours per week except me. Even the new hire yard guy is at 50 hours. Could this be age bias? I have received positive reviews and a rate increase at my yearly review; I have also taken on an additional job title.

Asked on December 24, 2017 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Are you 40 years old or older? If so, and if the other employees who are back up to 50 hours are all less than 40 years old, then this may be age-related employment discrimination; the law does not let employees age 40 and older be treated worse than younger employees. In this case, you should contact the federal EEOC to look into filing an age discrimiantion claim. However, it would not be age discrimination if:
1) You are less than 40, even if you are older than the others--only people age 40 and up are protected;
2) The other employees include several who are also 40 and up--that suggests age was not a factor; or
3) There is some good, non-age-related reason for the different treatment; for example, if you had the least seniority there (others had worked there longer), that would suggest age was not the reason.


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