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
Bernard P. Healy
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.