First
Lifer
- Jun 3, 2002
- 10,518
- 271
- 136
Well I'm union and apparently union contracts supersede state law. So in order for me to get 1.5x pay, I must have physically worked 40 hours in a week, no matter if I work an 8 hour shift or 24 hour shift, if my hours only total 40 in a week, it's all straight time. So any week with a holiday, you can kiss most of your would be OT hours goodbye.
Also double time doesn't exist, save for working on a holiday. In reality you are getting screwed because you're only getting paid your regular rate, which gets raped hardcore by taxes, on top of your already guaranteed holiday pay though.
Could be worse though, California is the ONLY state in the country my union has overtime whatsoever in the contract. Other states they can put in 80 hour weeks, and it's all straight time.
Miss my previous union, anything after 8 was OT, anything after 12 was DT regardless of your weekly total. Holidays were 8hrs 2.5x, and after 8 it was triple time.
That's how I had it at a job in CA; anything over 40 hours in a week was 1.5x. But, for example, currently I get OT over 7.5 hrs in a day, also in CA. It varies from employer to employer, but you're still getting 1.5x pay in both scenarios. CA is a very labor-friendly state, you come here to have the best career possible for the best pay. In labor-unfriendly states like TX, well, that'll differ.
I don't know the stats but based on my last 3 positions (including current one), it's on the rise. Job before last used to pay 1.5X pay for anything over 45 (nothing extra between 40 and 45) but that was completely removed in 2008.
Last position removed it before I got there and used to pay 1.5X for anything over 40.
Current position used to pay 1.5X and was considered an hourly position for the most part but now, is hiring only salary positions. All I can say is that if I don't get some time off with pay soon and the hours don't drop significantly below what I'm being "TOLD" that I have to work, job #4 of the last 10 months might be coming up shortly.
I highly doubt that my last two employers and current employer are the only ones doing this, especially with workers saying "at least I have a job in this economy!".
Depending on your state, you can report illegal labor practices pretty easily. I used to work for a firm that did labor litigation, and it's not uncommon I can tell you. It's simply illegal not to pay OT here, but I don't know the labor laws in every state of course.
