Overtime Pay and holidays

[AgentJean]

Lets say there was a holiday during the work week. You get paid for that(8 hours). The rest of the week you put in 34.5 hours. Do you get 2.5 OT or just 34.5 hours of straight pay.

Is anyone up to speed on wage laws?

 

[kranky]

I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

 

[AgentJean]

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

 

[lupi]

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

In his 1st term Bush signed into law some legislation that expanded that definition of OT exempt salaried positions. If your job fits into that, you could work 100 hours a week and not get paid an extra penny and the company would be within its legal rights.

Where I work I'm in a no OT position but the still pay us for hours over 40, just not at the OT rate. But we do get holiday hours counted into out hours worked for the week

 

[TwiceOver]

I've had it go both ways. My part time job that I am at, would pay overtime in that situation.

 

[kranky]

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

This reference to Virginia indicates the state does not have its own overtime law, and relies on the federal rules. Even then, some companies do not have to follow the federal FLSA rules.

It is not necessarily illegal to not pay overtime. Also see the US Department of Labor site on overtime pay and that page includes links to rules outlining what jobs are not necessarily entitled to overtime pay.

 

[JulesMaximus]

Originally posted by: AgentJean
Lets say there was a holiday during the work week. You get paid for that(8 hours). The rest of the week you put in 34.5 hours. Do you get 2.5 OT or just 34.5 hours of straight pay.

Is anyone up to speed on wage laws?

In California, holiday pay does count toward hours worked so, yes, you would get overtime pay.

 

[FoBoT]

Originally posted by: AgentJean
You get nothing but your salary(which is illegal)

:laugh:

 

[ebaycj]

Originally posted by: AgentJean
Lets say there was a holiday during the work week. You get paid for that(8 hours). The rest of the week you put in 34.5 hours. Do you get 2.5 OT or just 34.5 hours of straight pay.

Is anyone up to speed on wage laws?

Very much depends on which state you're in.

EDIT: Virginia? You're screwed.

 

[kranky]

Originally posted by: JulesMaximus

Originally posted by: AgentJean
Lets say there was a holiday during the work week. You get paid for that(8 hours). The rest of the week you put in 34.5 hours. Do you get 2.5 OT or just 34.5 hours of straight pay.

Is anyone up to speed on wage laws?

In California, holiday pay does count toward hours worked so, yes, you would get overtime pay.

From a lawyer's site about the California overtime law:

overtime is only based on hours worked, not on hours paid. Thus, if you received 8 hours of holiday pay, it has not affect on overtime at all. You still need to work 40 hours in the week before you are entitled to overtime pay.

 

[BoomerD]

Originally posted by: kranky

Originally posted by: JulesMaximus

Originally posted by: AgentJean
Lets say there was a holiday during the work week. You get paid for that(8 hours). The rest of the week you put in 34.5 hours. Do you get 2.5 OT or just 34.5 hours of straight pay.

Is anyone up to speed on wage laws?

In California, holiday pay does count toward hours worked so, yes, you would get overtime pay.

From a lawyer's site about the California overtime law:

overtime is only based on hours worked, not on hours paid. Thus, if you received 8 hours of holiday pay, it has not affect on overtime at all. You still need to work 40 hours in the week before you are entitled to overtime pay.

On MOST jobs in Kahleeforneeya, that bolded part is incorrect. You get OT ater 8 hours/day, NOT just after 40 in a week.

 

[Fritzo]

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

No it's not. Salary is salary. They own you. They DID recently update who can be on salary and who has to be hourly however. Check with your HR dept. on that.

 

[AgentJean]

Originally posted by: ebaycj

Originally posted by: AgentJean
Lets say there was a holiday during the work week. You get paid for that(8 hours). The rest of the week you put in 34.5 hours. Do you get 2.5 OT or just 34.5 hours of straight pay.

Is anyone up to speed on wage laws?

Very much depends on which state you're in.

EDIT: Virginia? You're screwed.

Virginia has no wage laws. VA defers to Federal rules.

 

[AgentJean]

Originally posted by: Fritzo

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

No it's not. Salary is salary. They own you. They DID recently update who can be on salary and who has to be hourly however. Check with your HR dept. on that.

From the DOL web site
http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $300. In this instance the regular rate is obtained by dividing the $300 straight-time salary by 45 hours, resulting in a regular rate of $6.67. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($3.335 x 5 = $16.68).

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

 

[kranky]

You're missing the point. What you quoted from DOL site does not necessarily apply to you if you are exempt. We don't know what your job is or whether it qualifies as exempt. Did you look at the link I posted above from the the DOL site, and review the pages about exemptions?

 

[Gibson486]

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

That is not illegal. if that was then big companies like Deloitte and PWC would be done and over with.

 

[JulesMaximus]

Originally posted by: kranky

Originally posted by: JulesMaximus

Originally posted by: AgentJean
Lets say there was a holiday during the work week. You get paid for that(8 hours). The rest of the week you put in 34.5 hours. Do you get 2.5 OT or just 34.5 hours of straight pay.

Is anyone up to speed on wage laws?

In California, holiday pay does count toward hours worked so, yes, you would get overtime pay.

From a lawyer's site about the California overtime law:

overtime is only based on hours worked, not on hours paid. Thus, if you received 8 hours of holiday pay, it has not affect on overtime at all. You still need to work 40 hours in the week before you are entitled to overtime pay.

Well, that's the way our company does it. Holiday pay does count toward hours worked.

Oh, and it's not just 40 hours a week. Anything over 8 hours in a day is OT regardless if the employee works 40 hours during the week or not. That IS CA law.

 

[Fritzo]

Originally posted by: AgentJean

Originally posted by: Fritzo

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

No it's not. Salary is salary. They own you. They DID recently update who can be on salary and who has to be hourly however. Check with your HR dept. on that.

From the DOL web site
http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $300. In this instance the regular rate is obtained by dividing the $300 straight-time salary by 45 hours, resulting in a regular rate of $6.67. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($3.335 x 5 = $16.68).

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Your salary will then take that into account. You get around it by paying a salaried worker more than an hourly worker, therefore it compensates. For instance, if you're on salary and it breaks down to $2/hr more than an hourly worker, that's where they get you.

It does become a problem if you're working 10-20 hours over every week though, because you're not being compensated enough by the higher pay. If it just happens once in a while, you're screwed.

 

[AgentJean]

Originally posted by: Gibson486

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

That is not illegal. if that was then big companies like Deloitte and PWC would be done and over with.

Yeah but companies like Intel, Dell and IBM have been sued for the same.
It's because the overlords keep the sheep brainwashed other companies are not sued for violation federal law.

Non of this matters in my situation any more. I will not be with this company much longer(for other reasons). It's time to eject.

 

[Homerboy]

Originally posted by: FoBoT

Originally posted by: AgentJean
You get nothing but your salary(which is illegal)

:laugh:

yeah that made me laugh
I think he meant hourly wage.. if he meant SALARY and more than 40hrs per week... if that's illegal I'm due one HUGE back-paycheck.

 

[Nutdotnet]

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

Uh...you sure you're reading your policy correctly?

Are you sure it's not a "Pre-OT, or No OT authorization" policy? Meaning, the company will not authorize any OT and if you work OT you may be disciplined. They will still pay you your hours (because they have to) but if the OT wasn't authorized you could get in trouble for working overtime.

Oh, and read your company policy when it comes to what is considered hours worked. At my job, hours worked means just that. Holiday, Vacation, and sick pay do not factor in to OT determination.

 

[Nutdotnet]

Originally posted by: Fritzo

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

No it's not. Salary is salary. They own you. They DID recently update who can be on salary and who has to be hourly however. Check with your HR dept. on that.

Not quite...there are non-exempt salary positions out there.

 

[thomsbrain]

you'd only get overtime if that 2.5 extra hours were on top of 8-hour days. if you didn't work over 8 hours on any day, you won't get overtime, because holiday hours don't count as work hours. so if you worked on the holiday, you get holiday pay and normal pay, not holiday pay and overtime. but anytime you work over 8 hours, you should be getting overtime for the extra.

 

[thomsbrain]

Originally posted by: Nutdotnet

Originally posted by: Fritzo

Originally posted by: AgentJean

Originally posted by: kranky
I don't believe that is a legal issue, but a company policy. At our place, we would not get overtime because our policy is overtime is paid after you work 40 hours per week, and holiday pay is not "hours worked".

So we'd get 34.5 hours straight pay for hours worked, plus 8 hours straight pay for the holiday.

Company policy is no OT pay. Doesn't matter if you work 40.5 hours or 80 hours. You get nothing but your salary(which is illegal)

No it's not. Salary is salary. They own you. They DID recently update who can be on salary and who has to be hourly however. Check with your HR dept. on that.

Not quite...there are non-exempt salary positions out there.

yeah, i have one. basically, we're not allowed to put less than 8 hours on our timecard, even if some of our "work" time was spent at home, in front of the TV, "thinking about work," as my boss puts it. basically it's like having a salary job, plus overtime whenever applicable. win-win for the employee.

 

[AgentJean]

Originally posted by: Homerboy

Originally posted by: FoBoT

Originally posted by: AgentJean
You get nothing but your salary(which is illegal)

:laugh:

yeah that made me laugh
I think he meant hourly wage.. if he meant SALARY and more than 40hrs per week... if that's illegal I'm due one HUGE back-paycheck.

Check out the Department of Labor