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Old 07-04-2008, 11:18 AM #1
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Default Thoughts on over-time pay...

Anyone know about over-time laws? I awoke this morning thinking about this.

If you are SCHEDULED to work 70 hours a week when does the 40 hour rule begin? Say you work 12 hours a day, scheduled. By mid-day Thursday you have hit 40 hours. Should O/T start at that point?

Currently, I get paid 8 hours regular time M-F, and when I get to the 9th hour on, it's O/T. Saturday is ALL O/T.

I've considered this for awhile today....if I were schedule to work M-F, 8 hours a day....and then they asked me to work longer...that would be O/T as we usually know it. But if you are scheduled to work 12 hour days....

WHEN DOES O/T begin...

LOL!!!!

Thanks
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Old 07-04-2008, 06:33 PM #2
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I'm not sure what Alaska's laws are but here in GA (or at least at my last employer) anything over 8 hours a day was paid at O/T rates. I was a salaried employee but the warehouse workers and part-time office workers were paid hourly.
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Old 07-04-2008, 07:49 PM #3
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There is no straight forward answer...

Unions typically - anything over 8 hours a day is OT. My experience:

UAW - 1.5 times over 8 hours/day. 1.5 times Saturday.

AFL/CIO (laborer's) - New construction -2 times over 8 hours/day. 2x Saturday and Sunday. Renovation work - all ot is 1.5x - after 8 hrs/day and sat/sun.

IBEW - 1.5x after 8 hours. 1.5x first rest day. 2x second rest day if ya worked first rest day.

As an exempt engineer - I got 1.5x over 40 hours in Toledo. I got 1x over 40 hours in Miami. I got zip in Houston. I do get 1x comp time at NASA now.

Tom
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Old 07-05-2008, 06:16 AM #4
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http://www.dol.gov/dol/topic/wages/overtimepay.htm

{snip}An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.{end snip}

Above is the link to the Department of Labor and a clip from that link. I hope this is of use....
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Old 07-05-2008, 08:53 AM #5
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Here, it's after 40 hrs in the same week, or in some companies it's over 80 hrs if it's a two week pay period.

I don't know how the 2-wk places got away with that, but trust me because I worked a job like that. I would do six 10 hr days one week than maybe one day the whole next week, and not get a penny OT.

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Old 07-05-2008, 08:54 AM #6
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Also, seasonal jobs pat no OT at all.
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Old 07-05-2008, 11:03 AM #7
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Thanks all. I think they are paying right...but it seems to me that after you hit 40 hours, it should be all O/T. I went to the DOL website already and it really does not discuss this scenerio.

I am IBEW from the past, and the Labor's Union is a stones throw... (LOL...working in a Gravel Pit)....away....but I am not Union in this particular position.

Best
J
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Old 07-05-2008, 10:18 PM #8
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I think it's according to if you are salaried or hourly. I'm salaried, so no overtime for me, even if I work 80 hours a week.....
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Old 07-06-2008, 10:33 AM #9
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Quote:
Originally Posted by hjmom View Post
I think it's according to if you are salaried or hourly. I'm salaried, so no overtime for me, even if I work 80 hours a week.....
You may want to check the laws, because employers will try that "you are salary, so you don't get OT" ploy, which may or may not be the correct legal interpretation.

In Canada, only MANAGERS who supervise X number of staff can be worked extra hours with no compensation, not ALL salaried staff. Even then, most companies would compensate by giving "banked time" or days off with no loss in pay. Of course it never works out 100%, but most employers are reasonable (here).

GJ, it may be that the employees there originally agreed to a 12 hr day with no OT compensation, with the theory that people would work 3 days on/4 off, then 4 on/3 off, or something to that effect. Some companies/employees opt for this so their work week is done quicker . . . in which case OT would not be paid after 8 hrs.

If this is not the case, Alaska employment laws can be found on the internet (I looked the other day) and if I recall correctlu, it was OT after 8 hrs a day and/or 40 per week. You may want to check as most times here it is time and 1/2 after 8 hrs, then double time after 11 hr, I think. There is a weekly max too, for double time vs. time and 1/2 (at least here).

Cherie
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Old 07-06-2008, 10:48 AM #10
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I'm sorry, maybe some mis-understood

I get about 30 hours of O/T per week (time and a half). My question was this: Shouldn't the O/T pay start when you hit 40 hours? In my case, I hit 40 hours by Thursday noon. I was hoping for an argument that I should get O/T from Thursday noon through Saturday when I get off at 5.

It was a pipe dream

PS: I've been a saleried manager and know how that works. As for the 4 days on, 3 days off type schedule...that is common in Alaska, but mostly on the North Slope (OIL) Actually, its more like 3 weeks on, two weeks off. I work M-Sat 12 hours a day, scheduled. I am not in a Union this time, nor am I in management. I get straight time M-F for the first 8 hours, and O/T for the last 4 hours of the day. Saturday is ALL O/T.
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Last edited by sugarboo; 07-06-2008 at 11:06 AM.
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