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If the *only* way you can figure out to turn a profit is by working your employees overtime without compensation, then you aren't much of a businessman.
When the government enacts laws that increase the fundamental costs of doing business to gain nothing more than votes for themselves, then the government isn't much of a government.
When the government enacts laws that increase the fundamental costs of doing business to gain nothing more than votes for themselves, then the government isn't much of a government.
Most of us don't want to go back to the days when corporations and businesses were allowed to do whatever they wanted. Being a business owner doesn't guarantee you some fundamental right to cheap labor to take advantage of.
This applies to salaried workers who do not currently qualify for OT. In my workplace, we have some employees who may work 55 hours one week, then be able to drop hours the next week to even out. But some departments require those long hours during peak time, but will not allow adjustments. So these folks are working extra hours and get no OT pay, no comp time, no leaving early on Fridays, no longer lunch, no nothing. And we're talking significantly long days--10, 12, 15 hour days--for days in a row. Downsizing has made staff smaller, but the same amount of work is expected to be done. And I cannot do the work of 4 people. But as long as we can expect salaried workers to put in that time without compensation, it will just get worse & worse.
It makes up for all those wasted hours updating their Facebook page, or googling for recipes. How much productivity was lost because of the internet being made available to workers who don't need it? How much company time is lost by employees who need a cigarette break more than once a day and have to walk to a designated smoking area??
It makes up for all those wasted hours updating their Facebook page, or googling for recipes. How much productivity was lost because of the internet being made available to workers who don't need it? How much company time is lost by employees who need a cigarette break more than once a day and have to walk to a designated smoking area??
It's up to company management to set the rules and hold employees accountable. It isn't an exchange for free labor.
Yes, but as you well know, Residents have always been considered "students" not "employees" in the employment law arena, although case law has slowly but surely been chipping away at that and correcting as needed. I wouldn't be at all surprised if they are carved out of these new rules. For those with salaries over the new criteria (which I would imagine are almost all PGY-2's or above), it's probably a moot point, because physicians always have, and always will, meet the duties test to qualify as Exempt employees. So do nurses for that matter, although very few hospitals choose to classify RN's as Exempt, lest they never be able to hire any.
Every worker, by law, under the FLSA of 1938 must be paid overtime for hours worked in excess of 40 per week. They can be exempt (which most people mistakenly refer to as "salaried") from this law, however, if they meet two tests....
1. The first test is the salary test
2. The second test is the duties test
The salary test is what has now changed. Previously, it was right around $450 per week, or around $24K annualized. Unchanged since the 1970s. Of course, given that low threshold, almost everybody met the salary test, so to determine exemption status, you would almost always have to move on to the duties test. If you can't meet the salary test, you are automatically considered nonexempt (and overtime eligible). Full stop. No further analysis needed. Now that the salary test is $47K, there will be a fair number of entry level, degree required, professional positions that will now be overtime eligible. Think entry level Accountants, Marketing, even IT positions. These changes also assist people like shift supervisors in fast food, retail etc that employers would attach a "Supervisor" or "Manager" title to in an effort to make them work long hours without the benefit of overtime (even though they often spend the majority of their time doing the same duties as their subordinate nonexempt workers).
I think these changes are long overdue.
Actually it was updated in 2004. Where it tripled from the previous amount.
It makes up for all those wasted hours updating their Facebook page, or googling for recipes. How much productivity was lost because of the internet being made available to workers who don't need it? How much company time is lost by employees who need a cigarette break more than once a day and have to walk to a designated smoking area??
Do you have any data to show that worker productivity has declined?
Can comp time buy you a sandwich? Will comp time increase the amount you can set aside for investments? Is comp time pay equal to time and a half pay? Anything over 40 or 8hrs in a day should be over time at time and a half.
Can comp time buy you a sandwich? Will comp time increase the amount you can set aside for investments? Is comp time pay equal to time and a half pay? Anything over 40 or 8hrs in a day should be over time at time and a half.
Where I work, comp time is time in a half - in hours, not dollars.
If I work 4 hours over 40 and take comp time, I get 6 hours comp.
Comp time CAN translate into cash if something happens to you and you don't have enough paid time off on the books.
Actually it was updated in 2004. Where it tripled from the previous amount.
Thank you for clarifying. I had the amount correct, but did not realize it had changed as recently as 2004 (although that's arguably not "recent"). That $23,660 number is the baseline I always worked with.
Here's the DOL Fact Sheet/Talking points if anyone is interested.
Here's what I read, and I'm not a lawyer.
The FLSA that employees that are eligible for overtime pay get paid for their overtime, and they must get paid for the overtime with the paycheck for that week.
There are some exceptions for certain occupations and those exceptions are very specific. I think, but am not 100% certain, that only state and local government employees fall under that exception.
Generally, if comp time is allowed, it cannot be mandatory. It is limited to a maximum number of hours and it must be granted when asked for.
Many employees do not fall under the overtime laws. Companies may voluntarily choose to give comp time to these employees if they want to. Then the law isn't involved. Perhaps your company falls into that category.
Why is it against the law? Among the reasons for this is that historically almost no company makes good on that promise except for trivial amounts of time.
If companies that offered comp time in lieu of overtime actually granted the comp time, it would be OK. But the reality is that every company I've been associated with would fire you in a heartbeat if you actually tried to take even a fraction of the comp time that you were due.
I'm not talking about the occasional hour or two, I'm talking about the people who regularly have to work 10-20 hours a week overtime or else. If the company needs 50 hours of work from you every week, when would you take the comp time?
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How much company time is lost by employees who need a cigarette break more than once a day and have to walk to a designated smoking area??
