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NastyMcNast

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I work for an Indian Casino in Salamanca, NY. My official title is Dual Rate Slot Supervisor, which means that sometimes I am a Slot Attendant and sometimes I am a Slot Supervisor. My management told me that when I am a Supervisor that they can mandate me to work past 8 hours and if need be, they'll let me leave early later in the week so I don't work over 40 hours so they don't have to pay me overtime. As a Slot Attendant I make tips which is the majority of my income but I don't make them when I supervise. My question is, can they force me to leave work early just so they don't have to pay me overtime? Technically I'm still an hourly employee so it seems unfair that they would force me to work over as a supervisor and force me to leave early as an attendant. Is there a law preventing them from doing this?

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You can file a complaint with the state labor dept. and the nearest federal DOL wage-hour division office. Even if the state labor dept. won't help, to my knowledge case law has held that the businesses run by the tribes is subject to the FLSA esp. as it relates to overtime just like any other employer. If you're supposed to be a full-time worker and they're manipulating hours each week just to avoid paying overtime, that's typically subject to challenge.

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