Overtime Pay
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TV ClubHouse: GD Archives: Overtime Pay

Jeep

Tuesday, July 08, 2003 - 09:34 am EditMoveDeleteIP
Does anyone here have knowledge of federal labor laws? I was looking at the US Dept of Labor web site but couldn't find exactly what I was looking for.

Hubby is paid on a salary basis at a local manufacturing plant. He often works over 40 hours a week. This weekend and continuing week has been exceptionally bad, with him working about 20 hours a day average due to some problems. He's a trouble shooter. Anyway, they do not pay him any overtime no matter how many hours he works. They allow him to take extra days off after the stitation is stable. Is that legal? I can find where the DOL addresses the overtime pay as 1 1/2 times, but not anything about an allowable substitute for money. Anybody know where I can find that info? I don't want to start a big legal battle, but darn it, he deserves some pay for this. He never ends up taking all the time off he's due.

It's just that he's working so many hours and is starting to look pretty bad, I'm really worrying this time.

Twinkie

Tuesday, July 08, 2003 - 09:39 am EditMoveDeleteIP
Jeep, if he is salaried and not hourly he doesn't get any OT no matter how many hours he works. That's the advantage companies have in promoting people to management. The only advantage the employee has is usually making more money for a regular 40 hour work week than the hourly employees.

Max

Tuesday, July 08, 2003 - 09:47 am EditMoveDeleteIP
Yep, once they make you a salaried employee, no more overtime is paid. Some companies, mine included, do have provisions for on-call pay for employees who are required to be on 24-hour availability during certain times (for us, this is when facilities or IT folks are oncall for support issues).

Usually, things even out because salaried employees aren't tracked as closely as hourly employees. That is, if you need to leave early for a personal appointment, you don't necessarily have to make up the time hour-for-hour. You don't get docked for going to the doctor. :) Many times, managers will give comp time after a crunch period to compensate for the extra hours that were put in. It all depends on the company.

From my point of view, time is more precious than money in most cases. You can always find more money, but you can never regain the hours you spend at the office instead of with family and friends. :)

Jeep

Tuesday, July 08, 2003 - 09:48 am EditMoveDeleteIP
Twinkie, I don't think so, he's not management. So I think the info applies to him. It just doesn't address any type of substitute (like days off) for the extra pay. See what you think:

Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $300. In this instance the regular rate is obtained by dividing the $300 straight-time salary by 45 hours, resulting in a regular rate of $6.67. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($3.335 x 5 = $16.68).

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Squaredsc

Tuesday, July 08, 2003 - 09:58 am EditMoveDeleteIP
jeep is he salaried or not? you don't have to necessarly be in mgmt in order to be salaried i think.

Draheid

Tuesday, July 08, 2003 - 10:01 am EditMoveDeleteIP
Jeep: From a google search on this topic, I located the following link: Overtime FAQ on Jobsearchtech.about.com. The article contains extensive information about this question along with many links to the federal laws specific to each question. Here is one answer for you're questions:
Is it legal to exchange "comp time" for overtime pay?

Comp time is short for compensatory time off. Some employers "unofficially" offer comp time in exchange for working voluntary or mandatory overtime without overtime pay. But technically, the Act does not allow this type of comp time for nonexempt employees in the private sector. That's because it's illegal for agreements between employers and employees to waive the requirements of the Fair Labor Standards Act. It says that your employer must issue overtime pay on the regular payday for the period in which you worked overtime hours. Comp time for exempt employees is not prohibited under the Act. It's also not prohibited for part-time employees who work less than a 40-hour workweek. Special rules apply for State and local government employment.


There are many many more Q & A's in this article so I would recommend reading it through and looking at the relevant links for your answer.

Hope this helps.

Conejo

Tuesday, July 08, 2003 - 10:10 am EditMoveDeleteIP
Jeep, here is some information from my 'Handbook of Employment Laws and Regulations'.

The rules for determining coverage under the FLSA are complex. Certain employees are exempt from federal minimum wage and overtime provisions, even if the employer is covered by the FLSA. The exemptions usually come into play when determining whether to pay overtime to an employee who is already paid well above the minimum wage.

Grannyg

Tuesday, July 08, 2003 - 10:21 am EditMoveDeleteIP
I work at public school and we were informed that the education system can no longer have us return for special events at night or on weekends with out giving us the time off during the same pay period. No overtime is allowed so they give comp time for me. I am paid by the day for 190 days each school year. If I go in during the summer to work on enrollment or anything else, the principal gives comp time. Right now I have 16 comps days that I have built up over the years. I also have 21 sick days. Our comp time rolls over every year, so if you don't use it this year then you have it for next year. Before I leave this school, I have to use the comp time because it doesn't transfer between schools in the district. So I never use any of my sick days because those do transfer from school to school. They have really come in handy when I wanted to take a little trip during the school year and didn't have to use personal or sick days. So I hope they don't do away with comp time. I've really enjoyed having mine.

Halfunit

Tuesday, July 08, 2003 - 12:05 pm EditMoveDeleteIP
Just to stir the pot, I am salaried and get paid overtime at time and a half.

I think I'm called non-exempt salary, or something like that.

Whatever I'm called, I like it.

Jeep

Tuesday, July 08, 2003 - 12:15 pm EditMoveDeleteIP
Draheid, thanks for the link. It sure does have a lot of info. I've been printing quite a few items.

LOL Half! I know what you mean. I'm trying to establish that hubby is non-exempt, too. Comp time is nice once in awhile, but it doesn't pay the bills. Show me the money honey!

Max

Tuesday, July 08, 2003 - 12:20 pm EditMoveDeleteIP
Yes, I believe the key is "exempt" vs. "non-exempt". Good luck! :)

Tabbyking

Tuesday, July 08, 2003 - 12:26 pm EditMoveDeleteIP
jeep, my husband is salaried, but he gets paid for the extra hours he works; if it's over 40 hours, he can take comp time or pay (at the averaged hourly amount, not at time and a half). last week he put in 16 extra hours because we need it for college expenses.
he is not in a union, but i expect a union would never put up with 'unlimited' hours for a flat salary.
many years ago i worked in the bronx in oral surgery. when we added saturday hours, i did not get extra pay. i got 110 dollars a week, no matter what. but i only had to work every other saturday til noon, and the bosses would pay my cab fair on snowy days or give me lunch money, or just give me 10 bucks here and there. at age 20, i never thought of getting paid anything other than my weekly salary! i also got my wisdom teeth out for free (even then, it would have cost about 700 dollars), and in a 'complimentary exchange of services', i got braces for 600 bucks and free dental cleanings and basic services at the dental offices that shared our complex.

Zachsmom

Tuesday, July 08, 2003 - 12:35 pm EditMoveDeleteIP
What's the difference between exempt & non-exempt?

Max

Tuesday, July 08, 2003 - 12:42 pm EditMoveDeleteIP
Here's a link that might help: http://www.paychex.com/library/exempt.pdf
(Caution, it's an Adobe Acrobat file)

Here's how they classify exempt vs. non-exempt:

"Generally, non-exempt employees' work is routine with set standards and rules. The position generally does not require independent judgement. Typical examples of non-exempt positions include: bank teller, bookkeeper, secretary, and shipping/receiving clerk.

"Generally, exempt employees exercise independent discretion in their positions and do not spend more than 20 percent of each workweek performing duties that are not related to their exempt duties."

There's a LOT more in the document. Hope it helps. :)

Zachsmom

Tuesday, July 08, 2003 - 12:53 pm EditMoveDeleteIP
Thanks!

I am exempt :( Figures..lol Does that mean I am SOL?

Max

Tuesday, July 08, 2003 - 12:57 pm EditMoveDeleteIP
It's all in your perspective. If you want more money for extra hours, then you are hosed. However, it flexibility of scheduling and more independence in what you do every day is more important to you, then you're in better shape. You have to look at the entire package. :)

Zachsmom

Tuesday, July 08, 2003 - 01:06 pm EditMoveDeleteIP
I think I like the flexiblity..lol

Cathie

Tuesday, July 08, 2003 - 04:40 pm EditMoveDeleteIP
I am exempt, and used to be ticked about it, but if I were non-exempt I wouldn't have the freedom of setting my own hours and schedule. The way our system is structured, as long as I get my job done it, doesn't matter how long or how frequently I am at work. I try not to stretch the limits and am very happy to not have to punch the clock!

Jkm

Wednesday, July 09, 2003 - 10:43 am EditMoveDeleteIP
Overtime is a very tricky area -- in my experience -- There are federal laws, state laws, union, and business practices that all effect if and when overtime is paid.

The department of labor has a website with a lot of good information http://www.dol.gov/dol/topic/wages/overtimepay.htm

Federal laws override state laws - but state may have additional requirements (as I understand it --please correct me if I'm wrong)
Many states have websites with good info also usually statename.gov type sites.

In general -- if you are non exempt (hrly employee) -- you must be paid for the hours worked regardless of company policy -- only hours over 40 must include one and one half times normal hourly rate (which has a nice complicated formula - most companies just use base hrly rate instead) IRS frowns on comp time for hrly employees -- must be paid for what you work.

Many things like being paid OT for working more than 8 hrs in a day, paid sick leave, double time for Sunday -- etc are things we have grown used to but in fact our employers are not required by law to pay for them. Once a company establishes a pattern of doing things though - -they must do it evenly and fairly or people can file suit -- example if Doug and Susie have similar jobs and responsibilities both are hourly employees -- both work on a Sunday -- Susie gets double time and Doug only gets time and a half -- Even though by law the company is only required to pay OT for over 40 hrs -- if its normal practice (even if not written down) to pay double time for Sunday work then Doug should also be paid double time.

Jedisan

Wednesday, July 09, 2003 - 08:38 pm EditMoveDeleteIP
Funny this thread comes up today.
I just found out yesterday that my new job has me as "non-exempt". I have not been this status for many years now ( I am also salaried by the way).
I have always done lots of OT, but have never been po'ed about not getting paid because I know I can take off at cetain times and not be punished (IE: make the time up).
Anyway, I was going to complain, but then thought better of it. Now, my co-worker is getting her status changed also.
My boss told me HR would always pay me for my 37.5 anyway, so why not take the money that I desreve for all of the OT.
I am quite happy with it now.

Maris

Wednesday, July 09, 2003 - 09:33 pm EditMoveDeleteIP
If your husband is exempt, that means he is not entitled to overtime but he should be getting the same benefits as other "management" exempt employees. Is he getting the same amount of vacation as management? Same benefits? Is he merely listed as an exempt because they dont want to pay his overtime but they arent getting him the benefits?

Very early on in my career I was a non exempt employee for a large well known corporation and I worked extremely long hours and made a fortune in overtime, and they realized I was earning more than many of the managers. They offered me a promotion to exempt status with a piddling 15% raise. I turned down the promotion because I would lose money by becoming exempt. Many times it is a ploy to promote people so they dont have to pay them as much.

Grooch

Wednesday, July 09, 2003 - 09:49 pm EditMoveDeleteIP
Maris, interesting point you bring up here about the equality.

Do you think the same thing would apply if the company is a foreign corp and pays upper management through another foreign corp? They get 4 weeks of vacation their first year and are paid way more than the rest of us. I mean, we had to lay people off to save money, while the president accepted a $10,000 a month raise. I would love to get the same percentage in a raise and the same vacation package.

Maris

Thursday, July 10, 2003 - 02:16 pm EditMoveDeleteIP
Grooch many foreign companies pay their staff the same salaries as the management in country as a base payhowever, they give them supplemental income to compensate for being away from home (expatriation bonuses) and they often pay housing and sometimes education for children.

You may have an interesting case if say you work for a foreign company and the foreign managers are getting 4 weeks vacation whereas the local managers get two. Might be worth it to check out job descriptions and point levels. lol. If they are a large company they should have job descriptions in place and point levels.

I also worked for a foreign company and found out that they were giving their male managers certain pay and benefits they werent giving the female managers in the same point level. A little conversation with our HR department about how appearances might lead one to believe they were discriminating and low and behold the women in my department had a little more in their paychecks. Funny thing though, it was the men in the department that got pissed that the women were brough up to equal pay. HR had no problem with it. So you never know, its all in how you present your case. Do it with a smile and act a little naieve.

Many large companies go by the Hays system in evaluating jobs. I would start there