As an on-call HVAC system service provider, you work irregular hours. In a heating or air-conditioning emergency, this often includes overtime.
Due to the nature of your work and the kind of hours you put in, you agreed to participate in a Belo Plan. What is this and how can your employer violate it?
About the Belo Plan
Under the Fair Labor Standard Act (FLSA), the Belo Plan is an option that guarantees compensation for employees having irregular work schedules, such as firefighters, insurance adjustors and on-call service providers. The Plan assures an employee of an established weekly income, while it helps the employer to control labor costs for the company.
To be enforceable, a Belo Plan must consist of certain requirements:
- You and your employer must have a specific agreement
- The nature of your work must require you to keep irregular hours
- Your employer must guarantee your weekly overtime pay
- If the guaranteed number of weekly hours exceeds 60, you must receive time and a half for the additional hours
In terms of wages, you and your employer must agree on an hourly rate for a specific number of hours. According to the Belo Plan, your weekly pay must reflect this no matter how many hours you actually work. Otherwise, your employer could be in violation of the Plan. Recordkeeping is important and might present a problem. Although the Belo Plan agreement can be verbal, it is best to have a written contract. The court will hold your employer accountable for the Plan’s record-keeping requirements.