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Overtime question

Discussion in 'BBS Hangout' started by Faos, Oct 19, 2004.

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  1. Faos

    Faos Member

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    Is there a law in Texas that after you work a certain amount of hours a company has to pay you time and a half?

    A friend of my wife's had this question and I'm not exactly sure of the law since I already get time and a half for OT.
     
  2. drapg

    drapg Member

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    Only if you're paid hourly, I think.

    If you're paid salary, like me, your boss can make you work 100 hour work weeks without a blink.
     
  3. Rockets34Legend

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    Not sure if this is Texas Law, Faos, but hopefully this helps....

    http://www.nolo.com/lawcenter/ency/...8906A2E06#32AEF2E1-E2C0-4E48-8459C9CF5CFBF0C8

    If I work more than 40 hours in a week, can I get compensatory time instead of overtime pay?
    Most workers are familiar with compensatory, or "comp," time -- the practice of offering employees time off from work rather than cash payments for overtime. What comes as a shock to many is that the practice is illegal in most situations. Under the FLSA, only state or government agencies may legally allow their non-exempt employees time off in place of wages (29 U.S.C. §207(o)).

    Even then, comp time may be awarded only:

    according to the terms of an agreement arranged by union representatives, or
    if the employer and employee agree to the arrangement before work begins.
    When compensatory time is allowed, it must be awarded at the rate of one and one-half times the overtime hours worked -- and comp time must be taken during the same pay period that the overtime hours were worked.

    If you are an exempt employee -- that is, you are not entitled to overtime pay under the FLSA -- then you could legally work out a comp time arrangement with your employer.

    Some states do allow private employers to give employees comp time instead of cash. But there are complex, often conflicting laws controlling how and when it may be given. A common control, for example, is that employees must voluntarily request in writing that comp time be given instead of overtime pay -- before the extra hours are worked. Check with your state's labor department for special laws on comp time in your area.

    Many employers and employees routinely violate the rules governing the use of compensatory time in place of cash overtime wages. However, such violations are risky. Employees can find themselves unable to collect money due to them if a company goes out of business or they are fired. And employers can end up owing large amounts of overtime pay to employees, if an employee complains about the practice or the company faces a labor department audit.
     
    #3 Rockets34Legend, Oct 19, 2004
    Last edited: Oct 19, 2004
  4. codell

    codell Member

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    BILL: Hello Drapg. What’s happening? Um, I’m gonna need you go ahead and come in tomorrow. So if you could be here around nine, that would be great. (starts to walk away) Oh, oh, I forgot. I’m gonna also need you to come in Sunday too. We, uh, lost some people this week and we need to sorta catch up. Thanks.
     
  5. Rockets34Legend

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  6. Faos

    Faos Member

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    Thanks. This answers it:

    The FLSA and Overtime Pay

    Employers must give overtime pay to most employees who work over 40 hours per week. They must calculate overtime pay at a rate not less than time and one-half their regular rates of pay. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
     
  7. drapg

    drapg Member

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    Actually, at my job "Office Space" would be a dream come true...

    Instead, its more like:

    Bill: Hello Drapg. What's happening? Um, I'm gonna need you to forgo sleep this week and stay at work 24 hours a day. You can use this Drakkar Noir cologne to hide the stench from your lack of showers. We'll order Domino's pizza for you for breakfast, lunch and dinner. And make sure you get your work done, along with that of your slacker co-workers, since they can't seem to be as efficient as you. Mmkay?

    And if you feel tired, come to my office. I'll slap the sleepiness right out of you. Now mush!
     
  8. Jared Novak

    Jared Novak Member
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    I used to work as a projectionist for AMC, and I worked somewhere around 60-70 hours a week and never saw overtime because of some loophole on how AMC is considered to be like the movie industry and they do not receive overtime.

    I looked it up and it was legit, but I was 17 and needed the money, and I probably made up that OT with all the free movies my friends, my girlfriend and myself got to watch.
     
  9. Faos

    Faos Member

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    Were you considered a full-time employee getting a regular 40 hours per week before OT? That may have been the catch.
     
  10. Jared Novak

    Jared Novak Member
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    Yep. One of my co-workers' (at the time) mother was a lawyer and she did some research on the matter and it was strictly legit that we were all considered part-time employees, others were classified as full-time employees, whichever way the company could get off the hook of paying overtime. If I'm not mistaken it works the same way on movie sets where gaffs, sound and lighting techs, etc. are classified as certain types of workers thus exempting them from overtime. She also said that it is rather exclusive to the entertainment industry, so she quickly had my friend quit and get a job that paid OT.
     
  11. DaDakota

    DaDakota Balance wins
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    Codell,

    Dropping the Office Space knowledge....nice.

    DD
     
  12. JuanValdez

    JuanValdez Member

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    My understanding is that small businesses -- like 50 employees and less -- are also exempt from the obligation to pay a time and a half. I'm not certain on that though.
     
  13. LooneyToon

    LooneyToon Contributing Member

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    my work has told me before... anything over 40 a week is OT, and anything over 10 hours in a single day is OT.
     
  14. 4chuckie

    4chuckie Member

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    Most of it depends on the definition of your job (type of work). If you are a manager (someone reports to you), make over $100k, or are a professional you usually are not entitled to OT. There are a ton of loopholes, but if you have any questions call your state bureau of workers compensation to get clarification.
     

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