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daily overtime ? federal labor/wage laws ?

Discussion in 'The Lounge' started by R72K5, Jul 2, 2005.

  1. R72K5

    R72K5 Banned

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    anyone know of a place online you can view federal labor laws and wages info at?





    i have always been under the impression that employers were supposed to pay employees time and half pay for anything over 8 hours a day(when working for hourly wages)

    or am i thinkign of something else ?

    i was informed today by my new manager that we dont get any OT pay until we have amassed 40 hours in a week, regardless of how many worked in a single day, whether it be 8 or 12 or 14 or whatever,.


    i may have been wasting my time working 12 and 14 hour days

    such as today,,, i worked 11am til 1:30am straight no break or anything
    its 3:50am now,
    i cant sleep
    i worked my ass off,
    im beat but mind is wide awake now,

    i might be pissed too, if i find out what i think im about to find out
    i wont be taking that promotion at work i was offfered tonight, for a measly 25 cents raise(i dont want to be a night closer anyways- like i was tonight- i HATE it)



    thanks for anything.
     
    Last edited: Jul 2, 2005
  2. divorced

    divorced 3/4 ton status

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    Can't help you much, but... I get NO overtime at all - everything is straight time. Doesn't matter if it's 14 hours a day, or 70 hours a week, it's still all straight time. Somehow it's legal for my company to do this, so probably it's legal for your situation too.
     
  3. divorced

    divorced 3/4 ton status

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  4. kyser_soze

    kyser_soze 1/2 ton status

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    I am pretty shure that your manager is right, this is exactly why I joined a union.
     
  5. google

    google 1/2 ton status

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    I get paid OT after 40 hours in a week too. I work 12+ hour days. Dunno what the laws are though
     
  6. o2bjimmy

    o2bjimmy 1/2 ton status

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    I believe that is up to the employer, either way they want to do it is legal. I usually work 12-13 hr days. I am on overtime by 8 or 9 am on thursday then all of friday.
    I know this isnt a law but more of a way too keep employees from complaining but my employer pays doubletime for anything over 60 hrs. About once a month we get a 75 hr week or so, that makes for a real healthy paycheck.
     
  7. darkshadow

    darkshadow 1 ton status

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    i dont know about there but here i think it is the emplyers choise to say what the work week is.
    i think they uped it too 60+ hours a week, so he doesent have too but most do.

    I get paid time and a half over 44 hours a week, lask pay period (two weeks) was 46 hours of over time, and one week wasent that bad eather!


    i have never hurd of over time past 8 hours a day, only the week, so if you miss a day then you kill your overtime
     
  8. ronnny

    ronnny 1/2 ton status

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    thought it was 40 hrs. but most companies i worked for what ever the work day usually is say 8 everything over that is 1 and a half when w got 12 hours then everything over that was overtime. But i think that the law just states forty. I cannot remember but when they had that on t.v. a year or so ago someone gave me a web site. They must give you a lunch ifmore than 6 hours and a break at least every 2 hours. If you are not releaved of all duties in your lunch time then they must pay you for your lunch. We have alot of times called to a machine broke when we go to lunch so we either write no lunch on our card or start lunch over when we get done working on the machine. If you call the dept. of labor in your area they sould be able to give you the web site.
     
  9. Skigirl

    Skigirl 1/2 ton status

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    U.S. Department of Labor
    Employment Standards Administration Wage and Hour Division

    Fact Sheet #23: Overtime Pay Requirements of the FLSA

    This fact sheet provides general information concerning the application of the overtime pay provisions of the FLSA.
    Characteristics

    An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.
    Requirements

    Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.

    The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

    The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the Act itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer's behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness.

    Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the noted statutory exclusions) in any workweek by the total number of hours actually worked.

    Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs.

    Where non-cash payments are made to employees in the form of goods or facilities, the reasonable cost to the employer or fair value of such goods or facilities must be included in the regular rate.
    Typical Problems

    Fixed Sum for Varying Amounts of Overtime: A lump sum paid for work performed during overtime hours without regard to the number of overtime hours worked does not qualify as an overtime premium even though the amount of money paid is equal to or greater than the sum owed on a per-hour basis. For example, no part of a flat sum of $90 to employees who work overtime on Sunday will qualify as an overtime premium, even though the employees' straight-time rate is $6.00 an hour and the employees always work less than 10 hours on Sunday. Similarly, where an agreement provides for 6 hours pay at $9.00 an hour regardless of the time actually spent for work on a job performed during overtime hours, the entire $54.00 must be included in determining the employees' regular rate.

    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.
    Where to Obtain Additional Information

    This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. Copies of Wage and Hour publications may be obtained by contacting the nearest office of the Wage and Hour Division listed in most telephone directories under U. S. Government, Department of Labor or by calling our toll free number 1-866-4USWAGE.

    Here's the link for U.S. Labor laws: http://www.dol.gov/esa/regs/compliaLabor Law nce/whd/printpage.asp?REF=whdfs23.htm
     
  10. kyser_soze

    kyser_soze 1/2 ton status

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    Thank you Skigirl, I'm keeping this one.
     
  11. Skigirl

    Skigirl 1/2 ton status

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    You're welcome.
     
  12. jarheadk5

    jarheadk5 1/2 ton status

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    I've never been paid OT for going over 8hrs in a day. I HAVE been paid OT for going over 40hrs in a week. I have heard of employers that pay OT after 8hrs in a day, but never worked for one.
     
  13. 4X4HIGH

    4X4HIGH 1 ton status Premium Member GMOTM Winner

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    I'm not sure if it's a federal law or state law but here in California OT used to be payed for anything over a 40 hour work week. The law was then changed to make it up to the employer on if they wanted to pay OT after a 40 hour work week or after an 8 hour day. A few years back it was changed back to anything over 8 hours in a day must be paid OT and anything over 12 hours in a day is double time.
     
  14. dodgedude99

    dodgedude99 1/2 ton status

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    ive worked for 1 place that paid OT for over 8 hrs a day.
    everywhere else it was over 40/week
     
  15. Skigirl

    Skigirl 1/2 ton status

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    This is California law:

    "In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

    1. One and one-half times the employee's regular rate or pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
    2. Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

    There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.

    Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday, 40 hours per workweek. This maximum may also be affected by the number of days one works in a workweek. It is important to determine what maximum is legal in each case. The alternate method of scheduling and computing overtime under most Industrial Welfare Commission Wage Orders, based on an alternative workweek schedule of four 10-hour days or three 12-hour days does not affect the regular rate of pay, which in this case also would be computed on the basis of 40 hours per workweek."
     
  16. spincast375

    spincast375 1/2 ton status

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    The federal law is OT after forty hours worked in a week. It does provide for two fifteen minute breaks in an eight hour day: one in the morning, one in the afternoon. Holiday, sick, or vacation hours don't count towards the forty hours worked.

    If you get holiday pay for tomorrow, you could still work four ten's and not get OT.

    We don't pay holiday, sick, or vacation until after ninety days.

    I had a situation similar to yours thirty years ago, so I went back to school and got my degree. For the last twenty-five years I have been in management. Now I work sixty hours a week with no OT, but the base is better.

    I have always looked at my current job as training for the next one. Life is too short to be miserable. But I have found there is a big difference between not being happy and being unhappy.

    If your employer makes payroll on time every time, if the medical plan is good, if you have at least the standard holidays, if their safety record is good and they take care of their guys when they get hurt, maybe it is not so bad.
     
  17. mudnmyvayne

    mudnmyvayne 1/2 ton status

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    OT for OVER 40 hrs i think is the norm. 3 1/2 good days & you got it.
     
  18. 4X4HIGH

    4X4HIGH 1 ton status Premium Member GMOTM Winner

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    So i am correct on what i said. :thumb:
     
  19. Skigirl

    Skigirl 1/2 ton status

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    Yes, essentially, for CA. Not true for all states and there are exemptions even in CA that employers could end run re: more than an 8 hour workday = OT.
     

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