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Labor Laws/Federal Question? |
I was an HR Mgr. for five years, but I have a question.....since I was one through advancement rather than through education *meaning I didnt' go to school for my job. So here is the scenerio. I started a new job, and I haven't got the problem (yet) because I am new....but, this guy I work with works seven days a week. Actually, everyone but myself works seven days. So, anyway, I had thought according to my HR books that any time over 40 hours you have to get paid overtime. I figured this was federally mandated, and of course state mandated. So, they don't get paid overtime. They decided to put one of the guys on salaried at sixty hours a week....or if you work over 40 hours, they just pay you hourly, not time and a half. Is this illegal? Would the best way for me to get this answer be to call the labor board? I understand these people are CHEAP, but it's wrong the way they treat their employees. It makes me sick, actually. I've never heard of people doing this, any advice? I did some research for you. Check the web you will find everything there. Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such. The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the Act itself. Payments which are not part of the regular rate include pay for expenses incurred on the employer's behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness. Source(s): http://www.dol.gov/esa/regs/compliance/w... It is federally mandated if and only if the employees are paid hourly and they have not been told ahead of time that they will not recieve overtime pay. And by the way-- the way you are learning to do your job is actualy the best way. Are you in a Technology company. Some kind of work is research oriented and people like to do the job. So they dont look at the clock while at work. On the other hand, if they are mandated to work 7 days and not paid for it, then it might be illegal. Firstly, are the employees legal :) It is different in every state, call the labor board. I the employees are exempt(salaried) then overtime is not mandatory. Usually there is some other form of compensation since they are required to work overtime w/o pay. Sometimes it is in the form of comp time other times it is in the form of a bonus at the end of the year. When I was salaried I had to put in 5 free hours over my 40 and then got paid straight time. The only ones who really are guaranteed to make overtime money are the non-exempt employees. |
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