Coworker working overtime without getting paid legal?

Submitted by stevester90 t3_11okc64 in massachusetts

I have a question, one of my coworkers who has recently been promoted has been consistently been working until 8pm each day. I know it’s not my business to tell them how long they can work each day, but I’m concerned my coworker will burn out and eventually injure themselves on the job because they are tired/sleep deprived. I don’t know the labor laws in regards to Massachusetts state law but it seems wrong. I’ve talked to my supervisor last year telling them I am concerned about my coworker because they work very late and everyone is out of the building except security and if they get injured while working late at night, nobody will be present to help them.

When I had this conversation with my supervisor, they basically blew me off and told me how working until 7 or 8pm is not considered late and then told me they have a second job and work until 11pm some nights.

Long story short, my supervisor is a moron that will eventually get our work into some OSHA violation because some workers are working more than 40 hours per week and not getting paid overtime for those hours. I have not talked to my coworker but I do know they were recently promoted and I believe my supervisor is using the promotion to manipulate my coworker to work late. I am currently on my way out and either transferring departments or moving onto a new company.

My question is is it legal in Massachusetts to be a lone worker working in a chemical facility past 5pm without the presence of a supervisor? And is it legal to work past 40 hours and not get paid for it? I’m concerned that my coworker will eventually have a chemical spill and injure themselves in the late hours when a supervisor is not present there to guide them on what to do.

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CertifiedBlackGuy t1_jbsx9z9 wrote

The answer to your first question is no. They could be the only person in that facility at all hours that they are on site and it's not illegal.

The answer to your second question depends on if they are hourly or salary. If salary, it depends on if they are exempt or non-exempt.

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DumbshitOnTheRight t1_jbtvelf wrote

> The answer to your second question depends on if they are hourly or salary. If salary, it depends on if they are exempt or non-exempt.

To add to this fine answer, it also matters if they're correctly classified as exempt. The DOL can help.

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repthe732 t1_jbt4blu wrote

Why are you talking to the supervisor without first talking to your coworker first? How do you know he’s not salaried or getting paid overtime if you haven’t spoken to them? If you actually care about your coworker you should be talking to them before trying to start shit with management since they’re the ones that are potentially impacted by your actions

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therapeutic-distance t1_jbt82fg wrote

THIS: " I know it’s not my business to tell them how long they can work each day,"

Let it go, focus on your own performance. What your co-worker does on his own time is none of your business. Keep it up and you will be looking for a new job. I'm serious.

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movdqa t1_jbtethz wrote

Their promotion could have moved them from hourly to salaried status. The work day in my last job was 6 AM to 1 AM but I took naps and ran errands during the day. The reason for the long workday was that my team was scattered around the world and we had to have meetings between people on the teams. The work was 24 hours too.

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ZetaInk t1_jbtdrjr wrote

It depends if they are exempt or non-exempt (from the FMLA). Generally, hourly workers are non-exempt and salaried exempt, but there can also be salaried non-exempt or hourly exempt.

If they are exempt, they don't have any limits on how long they can work. If non-exempt, they must be paid overtime (generally 1.5x their wage) above 40 hours/week. If they aren't being compensated for overtime, they can file a complaint with the Attorney General. I'd also advise they consult an labor attorney.

Alternatively, if your friend is covered by a union, he should consult with their union rep. Their contract may have protections in place.

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LadyGreyIcedTea t1_jbtllu6 wrote

*FLSA. FMLA is the Family Medical Leave Act. FLSA is the Fair Labor Standards Act which governs things like required overtime compensation for non-exempt employees.

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ZetaInk t1_jbtmcmv wrote

My bad! No idea why that was in my head

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fuzzypickles34 t1_jbtils6 wrote

If working around chemicals until 8 pm, alone, were illegal, every university PhD program would be in violation. Speak with your coworker if you’re concerned for their safety, even urge them to have a plan with EH&S in case something happens while they’re working late. But there’s nothing illegal about working a few extra hours. I hope their salary increase is enough to compensate them fairly for the extra hours.

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stevester90 OP t1_jbtohtn wrote

Honestly I’m done with my current group. I’m looking for other jobs. I won’t be looking into this issue further as it’s not my job but I know with high certainty my coworker will end up hurting themselves.

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therapeutic-distance t1_jbtqn4f wrote

You are going to need a reference from your current employer to get a new job. Keep that in mind.

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stevester90 OP t1_jbualqn wrote

I understand that. They would be idiots to even consider writing a bad reference about me

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LadyGreyIcedTea t1_jbtl9qb wrote

>Long story short, my supervisor is a moron that will eventually get our work into some OSHA violation because some workers are working more than 40 hours per week and not getting paid overtime for those hours.

This isn't an OSHA issue, it's a DOL issue. OSHA is the Occupational Safety and Health Administration.

You mention your co-worker was recently promoted. If they were promoted to a salaried/exempt position, they are not required to be paid OT for hours worked beyond 40.

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