Overtime pay requirement

[JEDI]

Originally posted by: FoBoT
you are missing the point

don't work without approval

no issue

yup, just explain to your boss that your staffing agency wont pay if over 40hrs less there's prior approval by them.

and that you dont have it yet.

suggest to your boss to contact your staffing agency to expedite the approval, if they want you to work over 40hrs/week.

 

[Malak]

Originally posted by: ScottyB
During high school I worked at Burger King. One day I was approaching 40 hours and they wanted me to stay two more hours. One of the managers asked me to punch out so that I wouldn't go on overtime, and also stated the extra time would go on my next week's pay. I said I wouldn't do that. She said, "so you are not staying?" I asked if I would get overtime and she said I wouldn't. I said that I wouldn't stay then. They were all pissed at me, and I didn't give a sh!t.

I had a manager yell at me one morning because I had been clocked in till 4am. He told me to clock out next time and I said hell no, but he didn't bitch about it because he knew he couldn't do that. Like I even wanted to be at work that late.

 

[SonnyDaze]

Originally posted by: talyn00
i just get comp time after 40 hrs

Civil Service or Federal?

 

[her209]

Originally posted by: Malak

Originally posted by: ScottyB
During high school I worked at Burger King. One day I was approaching 40 hours and they wanted me to stay two more hours. One of the managers asked me to punch out so that I wouldn't go on overtime, and also stated the extra time would go on my next week's pay. I said I wouldn't do that. She said, "so you are not staying?" I asked if I would get overtime and she said I wouldn't. I said that I wouldn't stay then. They were all pissed at me, and I didn't give a sh!t.

I had a manager yell at me one morning because I had been clocked in till 4am. He told me to clock out next time and I said hell no, but he didn't bitch about it because he knew he couldn't do that. Like I even wanted to be at work that late.

What the f*ck!? Thankfully you told that assface to f*ck off. :thumbsup:

 

[spidey07]

Originally posted by: chrisms
No, you're not. It was established that you need written approval before working OT so a smile and a handshake with someone who isn't in a position to make that decision is not going to get you anywhere. Simply state the facts--you need prior written approval before working overtime. You didn't make the rules you just follow them. If they have a problem with that then it isn't a company you want to be working for anyway.

You're what I call....

"Difficult to work with"

 

[chrisms]

Originally posted by: spidey07

Originally posted by: chrisms
No, you're not. It was established that you need written approval before working OT so a smile and a handshake with someone who isn't in a position to make that decision is not going to get you anywhere. Simply state the facts--you need prior written approval before working overtime. You didn't make the rules you just follow them. If they have a problem with that then it isn't a company you want to be working for anyway.

You're what I call....

"Difficult to work with"

Call me what you will, the company shouldn't make employees "difficult to work with" by implementing that policy. If you like being bent over by the man then good for you, as for me I see employment as a business agreement and I will follow that agreement while working as hard as I can during the hours I am scheduled. My employers never threw me an extra couple of bucks so I don't see a reason to throw them a extra couple of hours.

 

[BoomerD]

I've always said I'd stay at work exactly one minute longer than they were willing to pay me for...one job, that was 32 hours straight...
Overtime requirements in Virginia are set not by state law, but by the US Dept. of Labor, Wage & Hour Division. There are MANY exemptions to the law, and depending on what you do, you MAY be covered, or you MAY NOT. I'd certainly resolve the issue BEFORE it gets to be a problem, not wait until it does. Explain to the "boss" where you're assigned about the overtime notification regulation with your actual employer, and ask him to get it approved in writing before asking you to work OT. If he/she won't do that, then maybe it's time to find a different job.

 

[halik]

Originally posted by: AgentJean

Originally posted by: waggy

Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?

Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:

tell them to hire you directly and you won't have any issues...

 

[jupiter57]

Originally posted by: FoBoT

Originally posted by: AgentJean

Originally posted by: waggy

Originally posted by: FoBoT

FoBoT,
Your sig, Man:
"Iran imports 40% of their domestic gasoline usage."

True, but the fact is that it is only because Halliburton is selling it to them far cheaper than they can refine their own. Subsidized of course, by the U.S. Government(Bush-Cheny, FTL)
I don't know the current going price, but I remember not long ago, they were paying $.15 Gal.

 

[Nutdotnet]

I can't believe there is this much of a discussion on this.

Unless you're an exempt employee (which sounds like you aren't) any work performed after 40 hours, straight-time, per week (check state laws as they may vary, up here in AK it's either 40 hours or over 8 hours per day) then your employer is REQUIRED to pay you overtime.

Now, you may get reprimanded and/or fired if you don't follow the company's policy/procedure for getting approval, but you will still be paid the overtime.

There are a handful of jobs (longshoreman comes to mine) where you can be non-exempt and still not get paid overtime but your job isn't one of these.

Oh, and who ever received comp time in lieu of OT, that's a big no-no.

 

[ebaycj]

Originally posted by: AgentJean

Originally posted by: waggy

Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?

Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:

Why not tell this to the company you are working for, and tell them you'd be willing to work for them directly ?

 

[isekii]

Originally posted by: ebaycj

Originally posted by: AgentJean

Originally posted by: waggy

Originally posted by: FoBoT
YOU ARE MISSING THE POINT

it just says they won't pay you overtime if it isn't approved, it doesn't say you have to work overtime and not get paid overtime

DON'T WORK ANY OVERTIME WITHOUT APPROVAL AND THERE IS NO ISSUE

yeah seems easy to figure out.

at the 40hr mark ask for approved OT. if they say no then go home and have a beer. whats the problem here?

Well the client might want me to work OT but the staffing agency may say no way in hell.
I go home, since I'm not working for free, the project gets further behind schedule and people get angry and I could be out of a position. :roll:

Why not tell this to the company you are working for, and tell them you'd be willing to work for them directly ?

makes perfect sense

 

[chrisms]

Originally posted by: Nutdotnet
I can't believe there is this much of a discussion on this.

Unless you're an exempt employee (which sounds like you aren't) any work performed after 40 hours, straight-time, per week (check state laws as they may vary, up here in AK it's either 40 hours or over 8 hours per day) then your employer is REQUIRED to pay you overtime.

Now, you may get reprimanded and/or fired if you don't follow the company's policy/procedure for getting approval, but you will still be paid the overtime.

There are a handful of jobs (longshoreman comes to mine) where you can be non-exempt and still not get paid overtime but your job isn't one of these.

Oh, and who ever received comp time in lieu of OT, that's a big no-no.

The whole point of requiring approval is so that they can deny you overtime. If the company states beforehand that they do not want you working overtime without their approval, then you shouldn't work overtime without their approval. They explicitly stated that they do not working over 40 hours without their approval. Anything beyond that is charity work.

 

[Imported]

I caught my supervisor editing my time punches to remove any overtime I had. I can't really prove anything though.. 🙁 Just I know I had like 30 minutes of overtime for the week once, and the next day it was gone. Another reason for me to find a new place to work!

 

[IHateMyJob2004]

Originally posted by: chrisms
Simply walk off the job if you go a second over 40 hours.

Treat people like children, expect them to act like children.

My company recently started requiring we take 30 minutes off during lunch. So instead of doing something productive while eating, we play solitaire or some other BS. For "our health".

Thank You jackasses on the 10th floor!!!!

 

[reitz]

Originally posted by: SlitheryDee
Well I guess if you signed the paperwork before getting hired then you might have relinquished the right to receive time and a half OT voluntarily.

Dunno about the legalities of the situation though.

You can not sign away your rights to overtime. Companies are required by law to pay 1.5 times base pay on hours worked over forty in a week for all non-exempt employees. Exempt and non-exempt positions are determined by the government, but it's not unusual for companies to make their own (incorrect) determinations.

The key here is whether he's exempt or non-exempt. If he's exempt, but still paid hourly, then there's nothing wrong with requiring approval to work overtime and denying time-and-a-half if the approval is not granted.

If he's non-exempt, then they are within their rights to require approval, but they still have to pay him for the hours he worked over forty whether it was approved or not. If he's required to work the overtime while he's still waiting for the approval to be granted, and if refusing to work past forty hours until getting approval would cause him negative consequences (i.e. negative performance reviews, docking pay, termination), then what the staffing agency is doing is illegal.


AgentJean
The reality of the situation, though, is that refusing to work beyond forty hours without approval is not going to be a career-enhancing move. You need to decide if this is a job or just a paycheck, and if good performance here is going to lead to better opportunities or a full-time job. If it's just a paycheck, then screw 'em and don't work past forty unless they've already approved it. If they get pissy, report them to the National Labor Relations Board. If it's a job, but you're still pissed off about it, document everything and then at some point in the near future when you've divorced yourself from the staffing agency, report them to the NLRB 😉

 

[waggy]

Originally posted by: reitz

Originally posted by: SlitheryDee
Well I guess if you signed the paperwork before getting hired then you might have relinquished the right to receive time and a half OT voluntarily.

Dunno about the legalities of the situation though.

You can not sign away your rights to overtime. Companies are required by law to pay 1.5 times base pay on hours worked over forty in a week for all non-exempt employees. Exempt and non-exempt positions are determined by the government, but it's not unusual for companies to make their own (incorrect) determinations.

The key here is whether he's exempt or non-exempt. If he's exempt, but still paid hourly, then there's nothing wrong with requiring approval to work overtime and denying time-and-a-half if the approval is not granted.

If he's non-exempt, then they are within their rights to require approval, but they still have to pay him for the hours he worked over forty whether it was approved or not. If he's required to work the overtime while he's still waiting for the approval to be granted, and if refusing to work past forty hours until getting approval would cause him negative consequences (i.e. negative performance reviews, docking pay, termination), then what the staffing agency is doing is illegal.


AgentJean
The reality of the situation, though, is that refusing to work beyond forty hours without approval is not going to be a career-enhancing move. You need to decide if this is a job or just a paycheck, and if good performance here is going to lead to better opportunities or a full-time job. If it's just a paycheck, then screw 'em and don't work past forty unless they've already approved it. If they get pissy, report them to the National Labor Relations Board. If it's a job, but you're still pissed off about it, document everything and then at some point in the near future when you've divorced yourself from the staffing agency, report them to the NLRB 😉

as i said early on he needs to develop some balls. he needs to talk to everyone and let them know they are breaking a few regulations on this. odds are the company will ask for a replacment.

but damn be a man and stop crying after the fact. do something about it.

 

[reitz]

Originally posted by: AgentJean
I found this from the Department of Labor:

The FLSA requires that most employees in the United States be paid at least the Federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

However, Section 13(a)(1) and Section 13(a)(17) of the FLSA provide an exemption from both minimum wage and overtime pay for computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties and who are paid at least $455 per week on a salary basis or paid on an hourly basis, at a rate not less than $27.63 an hour.



I'm a hourly employee making less than $27.63 and I am NOT "computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field"

But can an employer make "null and void" Federal law via a clause I need to sign off on?

Originally posted by: chrisms
Simply walk off the job if you go a second over 40 hours.

If my job was doing worth within the staffing agency, I would have no problem doing that.
The things is I like the company I've been sold to(so far) and I don't want this opertinuty and possible permenent employment to be screwed up by some 3rd party staffing firm

I guess I should have read further through the thread before responding 😉

An employer can not "make null and void" the Fair Labor Standards Act. I'm not an expert, but I'm pretty sure your position would be classified as non-exempt. Since you like the company you've been working for, you don't want to ruffle any feathers. Talk to your manager and explain the situation. There's a good chance the company can seek approval sooner if it's known that you'll be working extra hours. Or they might work out a deal where extra hours one day mean you leave earlier, but still get paid another. It sucks that you don't get the time-and-a-half, but it shows that you're willing to do what it takes, and you're not getting bent over completely.

 

[reitz]

as i said early on he needs to develop some balls. he needs to talk to everyone and let them know they are breaking a few regulations on this. odds are the company will ask for a replacment.

but damn be a man and stop crying after the fact. do something about it.

That only works if the job is a disposable one. If losing the job means it takes months to find another of the same caliber or not being able to pay the bills, then your advice could be pretty dangerous.

 

[doze]

The staffing company wants to make sure they get paid by the employer if you work overtime since their contract with the employer may be for a max of 40 hours pay per week for that position. Ask your boss at the company you are working for if OT is ok since he/she signs off on your time card at the end of the week.