So what would you do in my stead.
Like I said I could have worked 8 hour days, put in 2.5 hours of 'documentation' time on Good Friday, and gotten paid the same. Should I adopt this strategy on all pay periods with holidays?
So what would you do in my stead.
Like I said I could have worked 8 hour days, put in 2.5 hours of 'documentation' time on Good Friday, and gotten paid the same. Should I adopt this strategy on all pay periods with holidays?
Zenmervolt
Elite member
- Oct 22, 2000
- 24,514
- 44
- 91
Nope, wrong.Originally posted by: Nutdotnet
Ding, Ding, Ding!
36 hours of worked time for the first week (assuming he's not in Alaska or California where OT kicks in per day, not per week).
4 hours of holiday pay (Holiday pay does not count after 40 hours for most companies).
40 hours of regular time for the second week.
6.5 hours of OT in the second week.
Total:
76 hours of regular pay
4 hours of Holiday pay
6.5 hours of OT pay
At least, that's how it works at most companies.
I seriously, seriously doubt your HR department missed that though. I think that you're likely mis-reading your pay stub since mis-payments like that are a HUGE legal risk to a company and it's such a basic HR function here.
Can you post your pay stub with just the hour and pay info? (Obviously blur out personal information.)
ZV
Watch and learn.
This is what is known as "problem employee". Not a team player. Whenever you bring up this kind of stuff it is not a good move career wise. You're now a problem employee.
This is what is known as "problem employee". Not a team player. Whenever you bring up this kind of stuff it is not a good move career wise. You're now a problem employee.
Since you seem to be unable to answer the "Exempt or Non-Exempt & Salary or Hourly" question I'm going to assume you're a salaried, non-exempt employee.
There are provisions in the FSLA where salaried employees who have fluctuating weekly schedules don't receive traditional 1.5x OT but 0.5x OT. Read your policies, they should answer your questions.
I doubt HR is mixing and matching rules...read your policies...
Originally posted by: Zenmervolt
Nope, wrong.Originally posted by: Nutdotnet
Ding, Ding, Ding!
36 hours of worked time for the first week (assuming he's not in Alaska or California where OT kicks in per day, not per week).
4 hours of holiday pay (Holiday pay does not count after 40 hours for most companies).
40 hours of regular time for the second week.
6.5 hours of OT in the second week.
Total:
76 hours of regular pay
4 hours of Holiday pay
6.5 hours of OT pay
At least, that's how it works at most companies.
I seriously, seriously doubt your HR department missed that though. I think that you're likely mis-reading your pay stub since mis-payments like that are a HUGE legal risk to a company and it's such a basic HR function here.
Can you post your pay stub with just the hour and pay info? (Obviously blur out personal information.)
ZV
Uhh....just an FYI, it's a bad idea to say, "nope, wrong" when you have no idea if it's wrong or not. I jumped the gun as I was only focusing on his OT that he possibly worked the 2nd week.
Leave policies vary from company to company. My company pays 8 hours of pay for holidays for full-time employees, regardless of how many hours the person worked that week, AS LONG as the day is a day the employee normally works.
For example, I work M-F, 8-5. If I worked 12 hours on Monday, 8 hours T-Th, and Friday was a Holiday, I'd still receive a full 8 hours of holiday pay for that Friday. Total hours WORKED = 36 + Holiday Pay = 8, TOTAL HOURS PAID = 44.
Again, policies vary from company to company.
Edit- In other words, you may be right, but you could easily be wrong...
I've just reviewed the handbook and there is no provision for my position. The owner told me one thing and HR is struggling to find a way to make it work, and becoming increasingly irritated at how impossible it is.... You can imagine the focus o their irritation.
for the record I am a SALARIED EXEMPT employee. The owner told me over and over before accepting the position that I would be paid a base salary and then a flat rate for any hours worked over 40 a week.
and Zenmervolt, my hours are not printed on my stub
Originally posted by: djheater
I've just reviewed the handbook and there is no provision for my position. The owner told me one thing and HR is struggling to find a way to make it work, and becoming increasingly irritated at how impossible it is.... You can imagine the focus o their irritation.
for the record I am a SALARIED EXEMPT employee. The owner told me over and over before accepting the position that I would be paid a base salary and then a flat rate for any hours worked over 40 a week.
and Zenmervolt, my hours are not printed on my stub
Ooo...you're salaried/exempt? (which is usually what salaried employees are).
Dude...did you get this in writing by your owner? Exempt employees are not eligible for OT. If they are giving it to you then great, but they can give it to you however they want....based on payperiods if they like...pay straight-time if they like.
You should feel special you're receiving anything over your annual salary period.
I'm going to refrain commenting on this anymore...it doesn't look like HR is doing anything wrong.
BoomerD
No Lifer
- Feb 26, 2006
- 66,664
- 15,046
- 146
IF Illinois is one of the OT after 40 states, regardless of how many hours per day, then the above is 100% accurate.
I MUCH prefer Kahleeforneeya and the other states that think anything after 8 should be OT.
Edit...finally caught up to the end of this thread...the OP is salaried EXEMPT, so the company has no legal requirement to pay him anything over his base salary. That does not stop them from giving extra compensation for extra hours worked, many of the better companies do, but exempt means exempt...
BoomerD
No Lifer
- Feb 26, 2006
- 66,664
- 15,046
- 146
Originally posted by: mugs
Those of us outside of the People's Republic of California don't need excessive laws to ensure we get fair compensation.
Nope, you roll over and let your boss break one off in you...
I'm amazed at how many of the people here think the company should have all the rights, and the worker take it in the shorts...Sure, some management positions may be appropriate for exempt salary, but the average Joe should get paid overtime for working more than 8 hours in a day.
Zenmervolt
Elite member
- Oct 22, 2000
- 24,514
- 44
- 91
Never said I was right. You'll note that I specified precisely "Holiday pay does not count after 40 hours for most companies".Originally posted by: Nutdotnet
Originally posted by: Zenmervolt
Nope, wrong.Originally posted by: Nutdotnet
Ding, Ding, Ding!
36 hours of worked time for the first week (assuming he's not in Alaska or California where OT kicks in per day, not per week).
4 hours of holiday pay (Holiday pay does not count after 40 hours for most companies).
40 hours of regular time for the second week.
6.5 hours of OT in the second week.
Total:
76 hours of regular pay
4 hours of Holiday pay
6.5 hours of OT pay
At least, that's how it works at most companies.
I seriously, seriously doubt your HR department missed that though. I think that you're likely mis-reading your pay stub since mis-payments like that are a HUGE legal risk to a company and it's such a basic HR function here.
Can you post your pay stub with just the hour and pay info? (Obviously blur out personal information.)
ZV
Uhh....just an FYI, it's a bad idea to say, "nope, wrong" when you have no idea if it's wrong or not. I jumped the gun as I was only focusing on his OT that he possibly worked the 2nd week.
Leave policies vary from company to company. My company pays 8 hours of pay for holidays for full-time employees, regardless of how many hours the person worked that week, AS LONG as the day is a day the employee normally works.
For example, I work M-F, 8-5. If I worked 12 hours on Monday, 8 hours T-Th, and Friday was a Holiday, I'd still receive a full 8 hours of holiday pay for that Friday. Total hours WORKED = 36 + Holiday Pay = 8, TOTAL HOURS PAID = 44.
Again, policies vary from company to company.
Edit- In other words, you may be right, but you could easily be wrong...
You, however, absolutely were wrong to state that your version was right without any qualification.
Mine was qualified, yours was un-qualified. Qualified, mine was right. Un-qualified, yours was wrong.
ZV
mugs
Lifer
- Apr 29, 2003
- 48,920
- 46
- 91
Originally posted by: BoomerD
Originally posted by: mugs
Those of us outside of the People's Republic of California don't need excessive laws to ensure we get fair compensation.
Nope, you roll over and let your boss break one off in you...
I'm amazed at how many of the people here think the company should have all the rights, and the worker take it in the shorts...Sure, some management positions may be appropriate for exempt salary, but the average Joe should get paid overtime for working more than 8 hours in a day.
That's pretty arbitrary. Personally, I'd prefer to work 4 10s instead of 5 8s. Why should my employer be forced to pay me overtime to work a schedule that I prefer?
Zenmervolt
Elite member
- Oct 22, 2000
- 24,514
- 44
- 91
There are three DOL clasifications:Originally posted by: djheater
I've just reviewed the handbook and there is no provision for my position. The owner told me one thing and HR is struggling to find a way to make it work, and becoming increasingly irritated at how impossible it is.... You can imagine the focus o their irritation.
for the record I am a SALARIED EXEMPT employee. The owner told me over and over before accepting the position that I would be paid a base salary and then a flat rate for any hours worked over 40 a week.
and Zenmervolt, my hours are not printed on my stub
- Salaried Exempt (no OT pay whatsoever, period, end of story).
- Salaried Non-Exempt (base pay guaranteed for 40 hours and below, then mandatory OT at 50% of what your base pay works out to on an hourly rate).
- Hourly Non-Exempt (paid at an hourly rate, then paid at 150% of your normal hourly rate for all time after 40 hours in a week except in CA and AK where OT starts after 8 hours in a day, and a couple of NE states that require any time worked on Sunday to be paid at the OT rate)
Those are the legal guidelines that a company must fall into.
If your position is, according to the FLSA, an Exempt position they are not required legally to pay you anything at all above your base rate unless your contract or offer letter specified otherwise.
At the company I work for, salaried employees technically don't "get" holidays. Salaried workers are not required to come into work on holidays, but the only thing that salaried workers get for Holidays is a day that they can stay home and not use a PTO day for.
It's definitely not going to count towards your hours at all.
ZV
When I worked at Comcast, my first and only office job, holiday pay was included. I felt that was fair and what is happening to you is not fair. Unfortunately that seems to be the norm according to most people here, though.
How do you figure that? If you did that, then the bottom row of the "Total Hours" column would be 74.5, not 82.5 like it is in your current visual.
Here's how I would explain it: You only had 9 work days for that pay period, so the normal number of hours to work for that pay period would be 72 hours. You worked 82.5 hours, so you should get 10.5 hours of overtime.
Exactly, that's what I had thought as well but I'm not getting the 10.5 I'm being given 2.5
Zenmervolt explained it well enough though it sits uncomfortably. The company is throwing me a bone that they aren't obligated to, and I had better take it and not complain or that will dry up.
My strategy will be to work the minimum hours necessary during a pay period with a holiday, since the holiday hours will subtract from the accrual of 'bonus hours'
It's a los for them, but no reason to work extra hours without compensation since that's what I was initially promised.
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