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Old 05-21-2002, 12:37 AM   #1
Jhill
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Default Is it illegal not to pay time and a half for overtime?

My friend who works at a movie theater in Utah says even when he works more than 40 hours a week he still gets the same pay. I thought that companies had to pay time and a half for overtime. Does anyone know more about this? If it is illegal, who would he file a complaint with?

Thanks for any input.
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Old 05-21-2002, 12:41 AM   #2
NaughtyusMaximus
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I know this doesn't help much, but for what its worth in BC Canada, unless employees have specifically signed an agreement to the contrary, they are entitled (by law) to time and a half for overtime.
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Old 05-21-2002, 12:42 AM   #3
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I work for the federal government and don't get paid time and a half (we earn credit hours), so I'm guessing no.
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Old 05-21-2002, 12:43 AM   #4
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i dont think its illegal. could be wrong though.
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Old 05-21-2002, 12:44 AM   #5
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I would say no.
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Old 05-21-2002, 12:44 AM   #6
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Yeah, here in the US I think they can make you sign a waiver that absolves them of the time and a half law. Or they could have put him on a salary and not an hourly wage. There are several of ways around it, but most companies will just forbid you from working more than 40 a week.

BTW, it is law, just one with many holes.
Federal Fair Labor Standards Act
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Old 05-21-2002, 12:51 AM   #7
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He's not on salary i can tell you that much. I'll ask him if he signed a waiver.
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Old 05-21-2002, 12:59 AM   #8
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The setup as it is now really needs an overhaul. Most folks who are working 40+ and still getting their base wage are just glad they are getting that, they won't risk complaining and losing their extra hours altogether.
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Old 05-21-2002, 06:31 AM   #9
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I assume your fren is has a wage instead of a salary.

I would think its illegal if the worker didn't agree to getting paid regular wage for the hours over 40.

Just like its illegal to work more than 6 hours straight without taking a mandatory 30 minute break in between, 8 hours straight without taking a mandatory 1 hour break in between. If you work 4 hours, you are allowed an optional 15 minute break. At least that's how it works in Cali.

Try to see if there is a union rep to talk to.
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Old 05-21-2002, 06:36 AM   #10
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it is not illegal. depends on what was signed when they accepted the job
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Old 05-21-2002, 07:02 AM   #11
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Can a company force you to work more than 40?
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Old 05-21-2002, 07:34 AM   #12
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Quote:
Originally posted by: her209
Can a company force you to work more than 40?
Yes, or get fired! :Q
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Old 05-21-2002, 07:36 AM   #13
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for min wage, I'd rather work elsewhere then...
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Old 05-21-2002, 08:11 AM   #14
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Quote:
Originally posted by: dude
Quote:
Originally posted by: her209
Can a company force you to work more than 40?
Yes, or get fired! :Q
But they have to pay you overtime for it. Unless you are salaried.
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Old 05-21-2002, 08:19 AM   #15
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Quote:
Originally posted by: zimmie6576
Quote:
Originally posted by: dude
Quote:
Originally posted by: her209
Can a company force you to work more than 40?
Yes, or get fired! :Q
But they have to pay you overtime for it. Unless you are salaried.
That's what sucks about salaried jobs...
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Old 05-21-2002, 08:30 AM   #16
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Since it is a movie theater and it sounds like a job this person needs for the summer, I would tell him to just be quiet. Otherwise he could risk losing his job. I would just make copies of my time sheet and pay stubs and when it comes time to quit, you demand your back pay. Usually a phone call to the state employment office is sufficient to make them pony up the money.
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Old 05-21-2002, 08:49 AM   #17
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Quote:
Originally posted by: rudder
Since it is a movie theater and it sounds like a job this person needs for the summer, I would tell him to just be quiet. Otherwise he could risk losing his job. I would just make copies of my time sheet and pay stubs and when it comes time to quit, you demand your back pay. Usually a phone call to the state employment office is sufficient to make them pony up the money.
Ugh, some of you people are way too quick to hang on to crappy jobs. Employers love people like you. If they won't pay and insist that they don't have to because you signed some waiver that you don't even remember reading, get a new job. They're not worth working for (to me, anyway, even if it is a cake job) when there are so many places that will add 50% for hours worked beyond 40 in a week.
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Old 05-21-2002, 08:50 AM   #18
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Quote:
Originally posted by: her209
Quote:
Originally posted by: zimmie6576
Quote:
Originally posted by: dude
Quote:
Originally posted by: her209
Can a company force you to work more than 40?
Yes, or get fired! :Q
But they have to pay you overtime for it. Unless you are salaried.
That's what sucks about salaried jobs...
My dad is technically salaried, but he does also get overtime. Kind of a weird hybrid system where he works.
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Old 05-21-2002, 09:00 AM   #19
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Are you sure he didn't get paid time and a half and all that overtime just got sucked up in taxes?
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Old 05-21-2002, 09:12 AM   #20
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Quote:
Since it is a movie theater and it sounds like a job this person needs for the summer, I would tell him to just be quiet. Otherwise he could risk losing his job. I would just make copies of my time sheet and pay stubs and when it comes time to quit, you demand your back pay. Usually a phone call to the state employment office is sufficient to make them pony up the money.
Your friend has two options. Do the above, or simply leave work when he has his time in. If he likes the job and doesn't want to get fired he should do the first. Non-payment of wages is actually a REALLY big deal with most of the states. No matter what happens he should report the business to his states department of labor.
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Old 05-21-2002, 09:13 AM   #21
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If you recall from you high school government class:

The Taft-Hartley Act of 1947 says anyone working over 40 hours must get paid time-and-a-half.

I didn't read this thread, only the title question.
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Old 05-21-2002, 09:25 AM   #22
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If I read this correctly, it states movie theater employees are exempt from OT.

FLSA Exemptions

I could be wrong.
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Old 05-21-2002, 09:34 AM   #23
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Quote:
Originally posted by: philmacrevis
If I read this correctly, it states movie theater employees are exempt from OT.

FLSA Exemptions

I could be wrong.
Wow! I say f--- that. You do have the power to fire your boss (quit).
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Old 05-21-2002, 09:36 AM   #24
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Yeah that's what the exemptions say, but that's kinda messed up. I think if you sell tickets or work concessions it's just like a retail job. I guess if you clean theaters then you aren't really "working" that much... Maybe they could get around that by saying that during the movie you were having a break or something like that.
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Old 05-21-2002, 09:39 AM   #25
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I believe in some jurisdictions they can get away with not paying overtime unless you work more than 80 hours in a two-week period.
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