In this time when some agencies are instituting clockwatching practices that are a violation of the contract and an insult to the professionals that work for them maybe it's time for the staff to remind the clockwatchers that watching the clock goes both ways! Check out the following rights you have to watch the clock!

Q: My agency has a written rule that an employee can only be paid for overtime that was pre-approved. I am overtime eligible (Grade 22 or below) and regularly work past 40 hours in a week with my supervisor's knowledge and tacit approval. If push came to shove the supervisor's supervisors would no doubt rely on the policy to deny me overtime payments. This is a Catch 22! Is it legitimate?

A: By federal law (FLSA) overtime payments are due if the employer "knew or should have known" that an overtime eligible employee was working overtime (ie. more than 40 hours in a week) and they did nothing to stop the work. Said differently, an employer cannot accept the fruits of an employee's labor they tacitly approved and then refuse to compensate them for it. In addition to federal law, the NYS/PEF contract establishes the overtime eligibility for Grades 22 and below and therefore where an employer tacitly approves the work compensation should follow.

Q: I know that only the union can negotiate a formal Comp time agreement but my boss and I have an informal thing going. Are there any guidelines in federal law that I should be aware of?

A: First, the union will not normally intervene in any work schedule arrangement between an employee and their supervisor so long as the arrangement does not negatively impact on other PEF members. This being said any comp time arrangement for overtime eligible employees (grade 22 and below) for hours worked over 40 in any given week must by federal law have the following components:

- the comp time accrual rate must be at 1 1/2 times the hourly rate for all hours worked over 40 (ex. you work 44 hours in a week and you get 6 hours comp time in your bank),

- the employee must be able to use the banked time with reasonable notice,

- the employee must be paid for unused comp time upon separation from employment, and

- the employee cannot accrue more than 240 hours. Any hours accrued above that amount must be compensated in cash.

Q: My boss and I have an informal "flex time" agreement. When I work more than my normal work day I try to reduce the time I work during the rest of the week so that the total number of hours does not exceed 40 hours. When this is not possible I note the number of hours over the schedule and reduce my schedule in subsequent workweeks by the same amount of time. Is this legitimate?

A: First, having a flex time arrangement between a supervisor and professional staff is an integral part of a good work relationship. Sometimes the arrangement becomes one sided and it is necessary that the party on the losing end take action to make it fair again. If you are Grade 22 or below you have a legal right to be paid at the rate of time and one-half for all hours worked over 40 in any given workweek. The employer has a legal obligation to pay you this in cash. If your current flex time relationship with your supervisor isn't fair consider exercising your legal rights by demanding that you be paid at the time and one-half rate for all hours worked over 40 in any workweek. For another possible response to this situation read on to the next question and answer.

Q: I am in a salary grade 22 or lower position. My normal work schedule is 8 a.m. - 4:30 p.m. Yesterday I worked until 8:30 p.m. Today my supervisor has directed that I leave 4 hours early so that I don't accrue any overtime. Is this legitimate?

A: No. Article 32.4 of the NYS/PEF contract provides that your normal work schedule cannot be altered for the purpose of eliminating the potential for overtime payments without 2 weeks notice.

See: http://www.pef.org/pst1999/pstcontract1999/contractindex.htm