Q: Can a supervisor allow only 2 out of 3 employees the opportunity to work Overtime? all 3 are members of Laborers union

1 Lawyer Answer

Bernard P. Healy

Answered
  • Employment Law Lawyer
  • Pawtucket, RI
  • Licensed in Rhode Island

A: I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious affiliation, etc. If you are being passed over for over time secondary to these types of discrimination, you have a remedy you can pursue either in Court or at the Rhode Island Commission for Human Rights. There are other reasons a supervisor might choose only 2 out of 3 employees for overtime. it may simply be the supervisor's opinion that those employees are the better workers. That is not some form of discrimination that can be barred.

Have you discussed this issue with your union steward? it seems to me that a supervisor, whom I assume is a company man and not a union employee, pursuant to a union contract should not be able to discriminate against employees in reference to the award of overtime. This is an issue which is often addressed in union contracts. I do think you should pursue this matter through your union.

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