Is anyone real familiar with overtime laws????

[6_Time_Momma]

I read that overtime must be paid at a rate of 1.5x your hourly wage for any hours worked over 40. I get paid bi-weekly, so there are 80 hours in my pay period. Someone said that since it is bi-weekly, I only get paid overtime wages for anything over 80 hours.

Now, the first week I worked 52 hours, the second I week I worked 32 hours for a total of 84 hours. Now, I thought that I would get paid for 12 (over 40) hours of overtime, but they say I am only owed 4 hours of overtime (over 80). Does anyone know if it <b> is</b> over 80 since I am paid bi-weekly? Or do they actually owe me for the over 40?

 

[Mermaid02]

My dh (a union electrician) says OT laws vary state to state.

 

[newmousecateer]

Maybe someone here works in HR.

Where I work we get paid twice a month. We work and 37 1/2 hr work week. From 38 to 40 hours they get paid regular time. Anything over 40 they get paid time and a half.


I am not sure if that is the law, or just the way my company does it.

 

[JerseyJanice]

I agree with Mermaid--it varies from state to state.

 

[Patabel]

Very true that OT varies according to State, but it also varies according to your job classification with the Department of Labor. WHile there are exceptions....salaried employees generally do NOT get OT because they fall into a category that doesn't mandate OT.

Here in MN, generally those who get paid by the hour fall into the category that does require OT for anything over 40 hours in a week. This involves really paying close attention if you get paid 2x a month, because some pay periods extend into a third week, and THAT week falls into two separate pay periods, but, again, 40 hour work weeks.

Call the Department of Labor where you live, they will be able to give you accurate info according to your State's laws.

Here is a website that can answer some questions:
http://www.dol.gov/dol/topic/wages/overtimepay.htm

 

[Cricket2]

This page gives all of the state listings for minimums and OT regulations if they have them. There are exceptions to many of the rules though.

http://www.dol.gov/esa/minwage/america.htm

 

[Judy from Boise]

I know in our state, nurses lobbied to get the OT law changed to allow 12/80 overtime agreements. That way an employer could agree to let them work (4) 12 hour shifts in the first week, and have the entire 2nd week plus off of work.
When I was a manager I had overtime agree ments for 8/40, 8/80, 12/40, 12/80 . I was able to pick the agreement for the employee to sign. The norm for all employees was 8/80.

 

[Bob O]

I know that laws vary in all state's but their are FLSA laws(fair labor standards act) that are federal laws that all states have to abide by. We recently settled a lawsuit with our city and were told that under the FSLA laws that if you work(and that is you have to put in the actual hour's) 86 hours in a 2 week period then all your overtime hours have to be compensated at 1 1/2 pay rate under the federal law. Im sure if you go to some US Gov. web site they will have some type of explanation. So my understanding would be that the 80 hrs per bi-weekly pay period would affect things more than the 40 hrs per week.

 

[LuvTigger]

I'm with Patabel, contact your state's dept. of labor, esp. if you think your employer is in violation of laws. In Hawaii, unless you're a salaried worker, anything over 40 hours in a work week is time and a half. Also, check to see what your company's work week is (i.e. Sun-Sat, Mon-Sun, etc.) and if your state has any kind of law that requires companies to follow a certain work week, if you think that might make a difference.

 

[ByTheSea]

The FLSA is the Federal law that applies to all but Public Sector employees. Each State has their own laws, for example, in CA OT is calculated after 8 hours a day at time and a half, then double time after 10 hours a day.

Under Federal law, a job is classified as "exempt" from overtime, or "non-exempt" - many people confuse "salaried" as "Exempt." Although it is common to pay exempt jobs salaried, and non-exempt hourly (easier for payroll) you can be salaried and non-exempt, meaning eligible for overtime.

Under Federal law, if you are non-exempt, you must be paid 150% your weighted hourly rate for any hour "worked" over 40 hours per work week. So if you worked 52 hours one week, and 32 hours the next, you should get 12 hours of overtime premium pay.

If you earn wages other than your base hourly rate (commissions, earned bonuses, earned incentives) those amounts are added to your hourly rate to calculate your weighted hourly rate. You should get 50% of your weighted hourly rate of pay, in addition to the regular base rate of pay for every hour worked over 40 hours per week.

Note, if you get holiday pay, or pay for time off, your employer does not have to pay overtime if your hours exceed 40 but your hours worked do not. For example, 8 hours vacation day, plus 36 hours worked, you are due 44 hours straight time.

Most employers violate the FSLA in paying weighted rates, and many employers incorrectly believe if they pay you a salary, you are exempt and not eligible for overtime.

State laws and collective bargaining agreements can be more generous than Federal law but cannot pay less than what the FLSA mandates, unless of course, you work for the Government itself, which is exempt from FLSA (even State governments) so they don't have to pay any overtime if they don't want.

http://www.dol.gov/esa/whd/

 

[ripleysmom]

Check with your state, Momma.

Also one thing to note is that they do not have to pay you for overtime unless 40 physical hours were worked. If you had sick or vacation time or paid lunches in there, that is not considered to be time worked.

 

[fireplug]

I am not positive but when a company goes into buisness they have to say whether they pay OT by the day or the week. Most pay by the week so anything over 40 should be OT.

Steve

 

[6_Time_Momma]

Thanks for your replies. I did do some checking and generally it is over 40. However, nursing home employees are an exception. They can be paid on an 8/80 basis, i.e. anything over 8 hours in a day or over 80 in a week <b>if there is a pre-arranged agreement with the employee</b> . So now I have to go back and look through all the papers they gave me to see if it said that anywhere.