Overtime pay or no?

dereksbicycles

dereksbicycles

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I personally know someone who worked 45 hours 1 week and then 30 hours the following week. The person gets paid bi-weekly. She thought she would be getting OT pay because she worked 45 hours that 1 week. However, since that 2 week hours were only 75, the person got no OT pay.

Is there something wrong with picture? Is that illegal?
 
dereksbicycles said:
I personally know someone who worked 45 hours 1 week and then 30 hours the following week. The person gets paid bi-weekly. She thought she would be getting OT pay because she worked 45 hours that 1 week. However, since that 2 week hours were only 75, the person got no OT pay.

Is there something wrong with picture? Is that illegal?
Click to expand...

I'm not sure if this will help, but it might:
The Basics of Calculating Overtime Pay


The article references the, "United States Code (USC). Title 29, Chapter 8, of the USC is usually referred to as the Fair Labor Standards Act (FLSA). "

So, I would look at both the statue and the article.
 
Depends... Let's see if I remember correctly - If she worked 8 hours a day and if she worked 9th or more hour and she gets OT pay. And if she worked 40 hours a week and had to work on the weekend, she get OT pay.

If she worked 6 hours a day for 7 days in row then she can't get OT pay. I think... :|
 
She does not work weekends. One week she worked 4 days for 10 hours each. 1 day for 5 hours. The following week, it was 3 days for 10 hours each.
 
It all depends on what she agreed to when she signed up for the job.

Each state has different laws regarding the definition of overtime pay, and each employer has different rules.

Take, for example, my company. By law, if a salaried employee works 38 hours a week, he will get paid for 38 hours. If he works 48 hours a week, he will get paid for 40 hours because there is no law that states a salaried employee must be paid for working more than 40 hours. Now, if an hourly employee works 48 hours, he gets paid for the 8 overtime hours.

This is why it is important to ask questions regarding how you are going to be paid when you sign up for the job.
 
There are two types of payroll

1: non-exempt
2: exempted

Most hourly pay is based on non-exempt, what that means is employee is timed for the work performed and calculate the pay based on the law set forth for payroll. Non exempted means they are not waived from requirements which includes the overtime pay calculation

I missed my exempted paychecks. Its technically called Salary, one gets flat rate pay regardless of how many hours worked. There is pros and cons on this one and this one won't have OT pay calculation involved.
 
In my state, it is calculated based on total hours worked per week. If you worked over 40 hours that week, you get OT pay for the extra hours (1.5 x your normal rate of pay).

(In my state, it makes no difference how many hours per day you worked. What they count is how many hours per week you worked.)

If you worked less than full time the next week, then you would get normal rates of pay for that week.

Your total amount of pay in your biweekly paycheck would simply add the two. That's how they've done it in my jobs here in my state.

No idea how they do it in other states.
 
For the record, she is paid by hour, not a yearly salary. I would be curious what the law in Michigan was. However, I thought that the 40 hour weekly was set by federal, not state.
 
weekly is what counts. 40 hours is standard work hours, more than that 1.5 of the pay. Depending on how it is calculated. If it is holiday, I think 2x of pay. Also depending on when the paid period begins and ends. Most begins on Sunday, to avoid higher pay on most cases.


dereksbicycles said:
For the record, she is paid by hour, not a yearly salary. I would be curious what the law in Michigan was. However, I thought that the 40 hour weekly was set by federal, not state.
Click to expand...
 
full-time = 40 hrs/wk
Over 40 hrs/wk = OT

That's why unions exist.

Anyway, it sounds like she is PTF (part-time flexible), not FTR (full-time regular).
 
diehardbiker said:
weekly is what counts. 40 hours is standard work hours, more than that 1.5 of the pay. Depending on how it is calculated. If it is holiday, I think 2x of pay. Also depending on when the paid period begins and ends. Most begins on Sunday, to avoid higher pay on most cases.
Click to expand...
That's a regular pay + a holiday pay so no OT pay. In my case, at USPS, X-mas is the only holiday that USPS pays OT so on X-mas, an employee will get a regular pay + OT pay (double, not 1.5) + holiday pay. However, only one volunteer with the highest seniorty is picked for that holiday.
 
Where she works, she gets no union. No benefits. No sick days. You see, in that 45 hour week, she clocked in for the 4 days where she worked 10 hours. On the 5 hour day, they told her to not clock in to avoid overtime. They would pay cash. Then that cash wasn't there. They just added to the hours of the following week that wasn't there. Pretty sneaky.....
 
It it's not salary, there should be overtime pay. Perhaps the actual time was not calculated properly? Did that someone check her paycheck to see how her pay was divided? Did she check with payroll to find out what happened?

Some places show exactly how your were paid (hours worked x pay; hours worked x overtime pay; etc).
 
Try to get documented that she was told not to clock that extra 5 hours. Once she gets the proof, she wont have issue winning the lawsuit. Wal-fart had done that and got sued and lost. It is ILLEGAL for any employer asking employee not to clock any over time pay without compensation.

Talk with attorney first before blowing the whistle.

dereksbicycles said:
Where she works, she gets no union. No benefits. No sick days. You see, in that 45 hour week, she clocked in for the 4 days where she worked 10 hours. On the 5 hour day, they told her to not clock in to avoid overtime. They would pay cash. Then that cash wasn't there. They just added to the hours of the following week that wasn't there. Pretty sneaky.....
Click to expand...
 
dereksbicycles said:
Where she works, she gets no union. No benefits. No sick days. You see, in that 45 hour week, she clocked in for the 4 days where she worked 10 hours. On the 5 hour day, they told her to not clock in to avoid overtime. They would pay cash. Then that cash wasn't there. They just added to the hours of the following week that wasn't there. Pretty sneaky.....
Click to expand...

If that is true, then she should either get all agreements in writing or not be working there. Sounds like they don't want to adjust the accounting numbers, and don't want to pay the additional taxes. Shoddy and sneaky, yes.
 
Wirelessly posted

dereksbicycles said:
Where she works, she gets no union. No benefits. No sick days. You see, in that 45 hour week, she clocked in for the 4 days where she worked 10 hours. On the 5 hour day, they told her to not clock in to avoid overtime. They would pay cash. Then that cash wasn't there. They just added to the hours of the following week that wasn't there. Pretty sneaky.....
Click to expand...

That is why unions are needed so companies can't screw us. Organize now.

Her mistake was not clocking in she has no record that she worked that 5 hours on the fifth day.

Some states like California you get OT over 8 hours a day. Some states you have to work 40 hour before you get OT
 
This was interesting:

"Not all employees are entitled to overtime pay after they have worked 40 hours in a week. People in executive positions or working as professional employees, including certain teachers, are exempt from minimum wage and overtime pay laws. Farm workers, people who work in movie theaters, railroad employees, airline employees and many other individuals are also exempt from overtime pay laws. Some other details of the law create partial exemptions for other groups of people, such as hospital workers or those who work in residential care facilities who receive a premium hourly pay for working over eight hours in a day."

Read more: Labor Law on Overtime Pay | eHow.com Labor Law on Overtime Pay | eHow.com

When I worked in a movie theater (years ago after I graduated from high school), it was common for me to work 60-hour weeks, including weekends and evenings. I was never paid overtime, just the regular hourly rate.

As an independent contractor, there is no such thing as overtime unless it's arranged for with that specific client. Otherwise, it's not automatic.
 
I noticed that my post, along with JML's post got missed due to server migration so I decided to repost with more information.

Anything goes over 40 hours per week is overtime for non-exempt employees, except for some job positions that Reba listed above.

I worked at Walmart for 4 years and they don't like overtime at all. If you make overtime like more than 40 hours in one week so you can be dismissed early, getting coached, facing termination or other disciplinary action, and if you have worth of 8 hours extra like 48 hours in 3-4 days so they will force you to miss the workday.

For holiday pay, I got pay at double like if make $8.50 per hour so it will be $17 per hour but they are strict, if you make nearly 8 hours worth of work during holiday and the manager will ask you to leave immediately.

As overtime, I got 1/2 more - if based on $8.50 per hour so it will be $12.75 per hour.
 
Union is DEAD! I know there is still unions around but they are job killings and that is one of reasons why most jobs went overseas.

Don't believe it? Here is current news. Hostess is now asking bankrupt court to shut down the factory permanently. Now Union is in panic mode trying to save the company, hey the owner said "Too late".

I have seen enough damages from Unions. However I understand that it was organized in late 19th century mainly for safety. Now we got OSHA, so all left for union is M O N E Y, that is all. Sad!

playsonfreeway said:
Wirelessly posted



That is why unions are needed so companies can't screw us. Organize now.

Her mistake was not clocking in she has no record that she worked that 5 hours on the fifth day.

Some states like California you get OT over 8 hours a day. Some states you have to work 40 hour before you get OT
Click to expand...
 
diehardbiker said:
Union is DEAD! I know there is still unions around but they are job killings and that is one of reasons why most jobs went overseas.

Don't believe it? Here is current news. Hostess is now asking bankrupt court to shut down the factory permanently. Now Union is in panic mode trying to save the company, hey the owner said "Too late".

I have seen enough damages from Unions. However I understand that it was organized in late 19th century mainly for safety. Now we got OSHA, so all left for union is M O N E Y, that is all. Sad!
Click to expand...

I disagree with your philosophies on unions and not all unions are corrupted or bad, depending on unions. OSHA is no good and it didn't create a safety that follow the quality as union does.

Hostess - union vs. union because Teamsters approved the contact but The Bakery, Confectionery, Tobacco Workers and Grain Millers International Union rejected the contract, so left Hostess in middle of dispute and they doubt that they could get out of bankruptcy.

There are still a lot of unions in other food plants, but Hostess is one of few food places that got bad apple.
 
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