QUESTION
As a subcontractor on a GVT contract I had earned 379 hours as overtime to use later. The contractor removed all overtime. Do I have any recourse?
Asked on Jul 24th, 2014 on Labor and Employment - Virginia
More details to this question:
I was working as a subcontractor on a government contract. The practice was any overtime was saved to use for vacation of other time off, as you could only claim 160 hours per month (20 days). Due to my unique situation I had saved 379 hours in overtime (compensation time). Without notice I received an email stating that there could be no overtime that all extra time earned must be used (you could only work 160 hours per month) thus you could not save up for vacation etc. I lost all the time worked, and authorized. Do I have any recourse? I sent both an email and certified letter asking for compensation.
1 ANSWER
1 Award
It sound like this employer's actions may be in violation of the Fair Labor Standards Act. Or if you are truly an independent contractor not subject to that act, then he may be in breach of contract. He cannot simply change the terms of compensation after you relied on that agreement in putting in the extra time. If you have good records and proof of both the original agreement and the time worked, you should have a very good lawsuit.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Aug 13th, 2014 at 9:59 PM