Is it illegal not to pay time and a half for overtime?

Discussion in 'Off Topic' started by Jhill, May 21, 2002.

  1. Jhill

    Jhill Diamond Member

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    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.
     
  2. NaughtyusMaximus

    NaughtyusMaximus Diamond Member

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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.
     
  3. loup garou

    loup garou Lifer

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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.
     
  4. Rallispec

    Rallispec Lifer

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    i dont think its illegal. could be wrong though.
     
  5. pulse8

    pulse8 Lifer

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    I would say no.
     
  6. Gonad the Barbarian

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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
     
  7. Jhill

    Jhill Diamond Member

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    He's not on salary i can tell you that much. I'll ask him if he signed a waiver.
     
  8. Gonad the Barbarian

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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.
     
  9. her209

    her209 No Lifer

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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.
     
  10. chickendinner

    chickendinner Banned

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    it is not illegal. depends on what was signed when they accepted the job
     
  11. her209

    her209 No Lifer

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    Can a company force you to work more than 40?
     
  12. dude

    dude Diamond Member

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    Yes, or get fired! :Q
     
  13. her209

    her209 No Lifer

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    for min wage, I'd rather work elsewhere then...
     
  14. zimmie6576

    zimmie6576 Senior member

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    But they have to pay you overtime for it. Unless you are salaried.
     
  15. her209

    her209 No Lifer

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    That's what sucks about salaried jobs...
     
  16. rudder

    rudder Lifer

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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.
     
  17. Thegonagle

    Thegonagle Diamond Member

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    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.
     
  18. zimmie6576

    zimmie6576 Senior member

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    My dad is technically salaried, but he does also get overtime. Kind of a weird hybrid system where he works.
     
  19. Aceman

    Aceman Banned

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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?
     
  20. rahvin

    rahvin Elite Member

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    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.
     
  21. WolverineGator

    WolverineGator Golden Member

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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.
     
  22. philmacrevis

    philmacrevis Member

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    If I read this correctly, it states movie theater employees are exempt from OT.

    FLSA Exemptions

    I could be wrong.
     
  23. Thegonagle

    Thegonagle Diamond Member

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    Wow! I say f--- that. You do have the power to fire your boss (quit).
     
  24. Turkey22

    Turkey22 Senior member

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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.
     
  25. Don Vito Corleone

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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.