Is this legal concerning overtime and such

[TheSiege]

right now i get paid a base pay (which is more then min wage) and then i get gratuity on top of that. gratuity is 10 percent of all sales devided among my department and the hours we work. so say we did 20,000 dollars in sales, we would have 2000 between us. and between 10 of us, we worked 20 hours each, we would get 10 bucks an hour more.

as it stands now, when i work over 40 hours, i lose the gratuity and just get my base and a half. which isnt even close to base+gratuity. its about 5-7 dollars less an hour.

so when in comes down to it, i make less on overtime....is this legal?
i know its not fair, but is it legal? and i only work overtime when it is needed, and during that time gratuity is at its highest.

 

[Gooberlx2]

Yes, it's legal. They're paying you the 1.5 OT they're required. You might talk to your boss(es) about it though, 'cause that just doesn't seem to make sense. Is it that way for everyone? Maybe it's supposed to be a counter-incentive so you don't work overtime. (I know my employer throws a sh!t-fit if we pull any unauthorized OT).

 

[EagleKeeper]

Federal law will require that certain types of workers will receive overtime pay for the hours over a base week.

You seem to quality for that.

The company can not override that requirement.

The payment of gratuity during overtime is based on company policy.
You may wish to point of the difference as it affects you and attempt to come to some type of compremise.

 

[waggy]

A) find another job.

B) gratuity IS NOT GUARANTEED.


while it sucks i do not see how this is against the law.

 

[TheSiege]

i forgot to mention, im a supervisor, i work in utah, and people under me get base+grat no matter how many hours they work, be it 10 or 100. granted they're base is lower, but still on, on overtime, they make more then me.

 

[Kelemvor]

Originally posted by: TheSiege
i forgot to mention, im a supervisor, i work in utah, and people under me get base+grat no matter how many hours they work, be it 10 or 100. granted they're base is lower, but still on, on overtime, they make more then me.

Take it up with management and let them know that you don't appreciate being screwed when you work lots of hours for them and that you are beginning a job search unless you can work something else out.