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Old 02-22-2011, 09:20 AM
 
Location: Simmering in DFW
6,947 posts, read 18,685,568 times
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I am wondering how your company pays OT. I know the Fair Labor Standards Act requires OT premium for hours worked over 40 in a workweek. However, wondering if your company pays overtime premium in weeks when you:

Use paid sick time
Use paid vacation time
Have a holiday
Have jury duty

Example, if you worked 32 hours and then had an 8-hour paid holiday/vacation day/sick day/ etc. and then worked another 4 hours, would you be paid time & one-half (6 hours' pay) for the additional 4 hours or not because you actually didn't work the paid 8 hours in the week?

I know employers do this differently, just wondering how many follow the letter of the law and how many do more benevolent applications of IT.
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Old 02-22-2011, 09:47 AM
 
Location: Las Flores, Orange County, CA
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Also may depend if the employee is exempt or non-exempt.
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Old 02-22-2011, 10:12 AM
 
Location: Stuck on the East Coast, hoping to head West
3,785 posts, read 8,765,275 times
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I get OT only if I actually work over 40 hours. If I use any other paid leave (like sick/vacation/jury/holiday) during our defined workweek of Sun-Sat, then hours worked over 40 are paid at the straight-time rate.

My employer tends to take advantage of this by having us work "extra hours" on holiday weeks.
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Old 02-22-2011, 11:02 AM
 
Location: Simmering in DFW
6,947 posts, read 18,685,568 times
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Quote:
Originally Posted by proudmommy View Post
Also may depend if the employee is exempt or non-exempt.

This question applies to non-exempt employees only.
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Old 02-22-2011, 12:38 PM
 
9,209 posts, read 18,049,326 times
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I just wanted to jump in to clarify for readers that if an employer chooses to pay you OT even when you haven't worked over 40 hrs in a week, they are going above & beyond, and the employers who stick to the law are not cheating anyone. A lot of people tend to think that when the employer follows the letter of the law, they are being stingy or something. It's also completely legal to send you home 3 hours early tomorrow if you work 3 hrs over tonight, so they don't have to pay you OT. This is called "staying in business" not "being greedy."


A lot of people don't seem to know that overtime kicks in after hours worked, not hours paid. Then they complain when they don't get OT in their check in the same week they had a sickday, holiday, or vacation day.

In most states, this is after 40 hours worked in a work-week. But in a few states, (maybe only one?) I don't know which ones at the moment, OT is required after 8 hours worked in one day. I need to look that up again. In some fields, OT doesn't kick in until you go over 80 hrs in a pay period, rather than 40 in a pay-week. This was an employer can give you time off a week after a heavy OT week.

Here's what the FLSA says:
Fair Labor Standards Act (FLSA) Overtime -- The Online Wages, Hours and Overtime Pay Resource
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Old 02-22-2011, 03:35 PM
 
Location: BK All Day
4,480 posts, read 8,317,230 times
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Quote:
Originally Posted by TracySam View Post
I just wanted to jump in to clarify for readers that if an employer chooses to pay you OT even when you haven't worked over 40 hrs in a week, they are going above & beyond, and the employers who stick to the law are not cheating anyone. A lot of people tend to think that when the employer follows the letter of the law, they are being stingy or something. It's also completely legal to send you home 3 hours early tomorrow if you work 3 hrs over tonight, so they don't have to pay you OT. This is called "staying in business" not "being greedy."
This is how my company works. We do have OT but it's "highly preferred" that you stay within 40 hours a week. We also have flex time which is really great. You could potentially work 4 10 hour days.
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Old 02-22-2011, 03:56 PM
 
Location: The City That Never Sleeps
2,043 posts, read 4,667,112 times
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The bottom line is this: if you're not being paid for your personal time, or specifically hours that lie outside the "agreed to hours" then you are being screwed. Legal, not legal. Law or not law. You are being screwed. That's all. Nothing compensates for extra hours worked. I don't want to be sent home 3 hours early the next day. That won't pay my bills. You still haven't paid me for the 3 hours worked. You just sent me home early the next day. I just lost 3 hours of work the following day. It's a game.
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Old 02-22-2011, 08:30 PM
 
Location: SoCal
50 posts, read 90,769 times
Reputation: 45
Quote:
Originally Posted by TracySam View Post
I just wanted to jump in to clarify for readers that if an employer chooses to pay you OT even when you haven't worked over 40 hrs in a week, they are going above & beyond, and the employers who stick to the law are not cheating anyone. A lot of people tend to think that when the employer follows the letter of the law, they are being stingy or something. It's also completely legal to send you home 3 hours early tomorrow if you work 3 hrs over tonight, so they don't have to pay you OT. This is called "staying in business" not "being greedy."


A lot of people don't seem to know that overtime kicks in after hours worked, not hours paid. Then they complain when they don't get OT in their check in the same week they had a sickday, holiday, or vacation day.

In most states, this is after 40 hours worked in a work-week. But in a few states, (maybe only one?) I don't know which ones at the moment, OT is required after 8 hours worked in one day. I need to look that up again. In some fields, OT doesn't kick in until you go over 80 hrs in a pay period, rather than 40 in a pay-week. This was an employer can give you time off a week after a heavy OT week.

Here's what the FLSA says:
Fair Labor Standards Act (FLSA) Overtime -- The Online Wages, Hours and Overtime Pay Resource
that would be the People's Republic of California
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Old 02-24-2011, 06:30 AM
 
2,962 posts, read 2,872,099 times
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I get paid straight time (no premium) for OT. If I'm out on Monday, I put it for 8 hours of leave. But if I work 40 hours the next 4 days, I get paid 48 hours for the week.
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Old 02-24-2011, 06:39 AM
 
6,585 posts, read 22,384,279 times
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Quote:
Originally Posted by dspguy View Post
I get paid straight time (no premium) for OT. If I'm out on Monday, I put it for 8 hours of leave. But if I work 40 hours the next 4 days, I get paid 48 hours for the week.
Same here.
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