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Old 03-27-2019, 12:01 PM
 
10,063 posts, read 4,668,516 times
Reputation: 15307

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Quote:
Originally Posted by maustin01 View Post
He is making 40k with NO BENEFITS !!! The country club does not offer benefits to any of the employees. This would be roughly $19/hour working normal 40 hour work weeks. 70 hour weeks makes it close to $11/hour.
Your math is wrong, again even in OK he can get a better job.

At $40k/year, if he is expected to work 70 hours/week for the year, he really makes $9.05/hr.

The math is the 30 hours of overtime rate would be at time and a half everywhere else so take 30 X1.5 = 45 hours. Add in the normal 40 hours/week to get 85 "billable" hours. Multiply that by 52 weeks for the year to get a total of 4420 hours/year. Divide $40k by that and you get $9/hr.

Doing it backwards, at $9/hr, he gets $360/week. Add in 30 hours of overtime ($9 X 1.5= $13), he gets an additional $406 (30 X $13). So $766 a week and $39,800/year. The missing $200 is that nickel I left out of the calculation... Yeah, a nickel is worth $200 in this case.

Again, he can make better than $9/hr even in Oklahoma if he doesn't get benefits. Hell, he could mow grass and make $40k/year and work 50hrs/week without working weekends, and still come out with 20 hours of free time each week and have winters off completely. $25/average home lot = 1 hour to do a good job (with cleanup), work 10 hour days, and do 8 lots. 1 hour lunch and 1 hour commuting between lots. And he makes $1k/week. Work 40 weeks a year and enjoy winters off. Hard work for being in the sun, but better than he does now. He could charge more for clipping trees/bushes/etc so easy to get more money. Hardest part is growing to get 100 repeat customers to keep him busy.

Last edited by MLSFan; 03-27-2019 at 12:18 PM..
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Old 03-27-2019, 12:37 PM
 
3 posts, read 1,199 times
Reputation: 15
Quote:
Originally Posted by MLSFan View Post
Your math is wrong, again even in OK he can get a better job.

At $40k/year, if he is expected to work 70 hours/week for the year, he really makes $9.05/hr.

The math is the 30 hours of overtime rate would be at time and a half everywhere else so take 30 X1.5 = 45 hours. Add in the normal 40 hours/week to get 85 "billable" hours. Multiply that by 52 weeks for the year to get a total of 4420 hours/year. Divide $40k by that and you get $9/hr.

Doing it backwards, at $9/hr, he gets $360/week. Add in 30 hours of overtime ($9 X 1.5= $13), he gets an additional $406 (30 X $13). So $766 a week and $39,800/year. The missing $200 is that nickel I left out of the calculation... Yeah, a nickel is worth $200 in this case.

Again, he can make better than $9/hr even in Oklahoma if he doesn't get benefits. Hell, he could mow grass and make $40k/year and work 50hrs/week without working weekends, and still come out with 20 hours of free time each week and have winters off completely. $25/average home lot = 1 hour to do a good job (with cleanup), work 10 hour days, and do 8 lots. 1 hour lunch and 1 hour commuting between lots. And he makes $1k/week. Work 40 weeks a year and enjoy winters off. Hard work for being in the sun, but better than he does now. He could charge more for clipping trees/bushes/etc so easy to get more money. Hardest part is growing to get 100 repeat customers to keep him busy.
Okay yeah my math is off, I didn't calculate for overtime. Your lawn care idea doesn't seem to take into effect that you don't get paid in the winter. And I know a few guy who own a lawn care business and no, they don't make 40k a year. We live in a teeny tiny retirement town where people do their own lawns. To get a better paying job he'd have to commute an hour and a half and then he's putting more money into his gas tank and maintaining the car.
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Old 03-27-2019, 01:06 PM
 
9,778 posts, read 16,990,740 times
Reputation: 18395
I am not trying to be mean, so don't take this the wrong way. As you know, a chef makes supervisory and managerial decisions about food service operation. It sounds like your husband does not do any of the duties that an exempt chef is expected to do, so his title is an empty one. From what you have posted, he appears to have been improperly reclassified. I would speak with a labor atty, or someone from the state wage and labor division. He may have a pretty penny coming to him.
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Old 03-27-2019, 01:18 PM
 
365 posts, read 91,347 times
Reputation: 725
Quote:
Originally Posted by Tonyafd View Post
You make a lot of assumptions. There was nothing in the OPs post that indicates what salary her husband makes. Even at 50K a year, her husband makes $13.74 an hour.
You are correct it seems, I thought for some reason she mentioned the salary. I obviously had that in my head for some reason as it was the basis for my post.
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Old 03-27-2019, 01:23 PM
 
365 posts, read 91,347 times
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Quote:
Originally Posted by rogue.red View Post
Geez, what an appalling attitude! 70 hours a week is awful. The economy should work for the people, not people working for the economy. When is he supposed to provide the love and nurturing to his family that only a father can give? Men aren't oxen that you shackle to a job so a family can live. And then you scold her like a child and tell her she ought to be proud even though there's nothing in her comment to suggest she isn't. She's merely looking out for her husband and asking advice.
I routinely worked in excess of 70 hours a week for over 20 years. I know many people who do. My late 80s plus uncle now has a part time job: 40 hours a week. It is called being a man.
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Old 03-27-2019, 01:38 PM
 
Location: Central Mass
1,979 posts, read 2,470,303 times
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Quote:
Originally Posted by GhostOfAndrewJackson View Post
I routinely worked in excess of 70 hours a week for over 20 years. I know many people who do. My late 80s plus uncle now has a part time job: 40 hours a week. It is called being a man.
Yeah, but you died in 1845
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Old 03-27-2019, 01:40 PM
 
70 posts, read 21,151 times
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Quote:
Originally Posted by scorpio516 View Post
Yeah, but you died in 1845

LOL.


OP. Talk to a labor lawyer. Do not wait.
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Old 03-27-2019, 01:56 PM
 
1,608 posts, read 1,485,700 times
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Your best bet may be try and survive this until your lease is up in November. You said there is no family support where you are, so it doesn't seem like anything is keeping you from relocating elsewhere other than your lease?

Also, another poster mentioned the legality of moving from hourly to salary because of working too many hours. Another poster recommended you seek an out of town lawyer and not talk with a lawyer in your tiny area who may end up having connections to the country club. I hope you take the advice and look into this.

Depending on how brave you are, he could try to negotiate something better. It sounds like they would be in a world of hurt if he walked out...
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Old 03-27-2019, 02:23 PM
 
2,075 posts, read 601,920 times
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Quote:
Originally Posted by maustin01 View Post
Let me clarify for everyone...

He has been working 70 HOUR WEEKS DURING OFFSEASON !!! We are not moving into warmer weather, golf weather and his hours are just going to increase.

He is making 40k with NO BENEFITS !!! The country club does not offer benefits to any of the employees. This would be roughly $19/hour working normal 40 hour work weeks. 70 hour weeks makes it close to $11/hour.

He hasn't had a day off in close to a month. The two days the restaurant is closed, the days that are supposed to be his days off, the general manager schedules caterings that he has to work. The manager then doesn't schedule anyone to work them with him. My husband does the prep, delivery, serving, cleaning BY HIMSELF. GM also doesn't let him have the tip, and pockets it.

Another thing... he is a chef. Chefs are supposed to manage the kitchen. He is given no management responsibilities. He doesn't get to schedule his kitchen staff, he has no say in hiring or firing. One of the kitchen employees is buddies with the GM and is regularly allowed to work overtime because he wants the extra money.

There are very few jobs in our area in his field that would pay him remotely close to this. We are grateful for what we've been able to get, but this is getting ridiculous. We signed a lease that will be up in November and we plan on moving then, but for now we are stuck. We just had a baby, and I'm unable to go back to work because of daycare prices (more than what I was making). We don't have family nearby to watch our baby either. We are barely scraping by on what he's making. Barely paying our bills, and struggling to buy enough food for ourselves.

He is sacrificing his mental and physical health to take care of us, and it hurts to see him suffering the way he is.
Hindsight is 20/20 but I'd like to understand why you guys thought it was remotely a good idea to have a baby in this situation. I'm assuming prior to this he wasn't in a super great situation either. Situations that are "unmanageable" quickly become insane once children enter the picture. So you're really up the sh** creek now with no health insurance and a new baby.

Quote:
Originally Posted by scorpio516 View Post
Ugh, OK sucks to work in! Their laws do you no good.

Basically you are screwed in most ways.

HOWEVER, by your description he shouldn't be an exempt employee. He should be salary non-exempt. His work doesn't pass the law tests:
He doesn't supervise 2+ people AND is primarily their manager AND hires, fires, etc.
He's not a professional. A really good lawyer might argue he's a creative professional and then can be exempt.
He's not the manager.

OK says he isn't required to have brakes or lunches. OK says his employer doesn't have to give any benefits.
I knew something was wrong. Scorpio has summarized it correctly. The problem though is what is the case law in OK state? Probably not favoring the employee.


Quote:
Originally Posted by Cdarocks View Post
It sounds like they would be in a world of hurt if he walked out...
Unfortunately they could probably replace him with a Mexican "Chef" for even lower wages and spin it to customers that they are "changing things up".
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Old 03-27-2019, 02:33 PM
 
12,299 posts, read 18,417,176 times
Reputation: 19195
Quote:
Originally Posted by maustin01 View Post
Okay yeah my math is off, I didn't calculate for overtime. Your lawn care idea doesn't seem to take into effect that you don't get paid in the winter. And I know a few guy who own a lawn care business and no, they don't make 40k a year. We live in a teeny tiny retirement town where people do their own lawns. To get a better paying job he'd have to commute an hour and a half and then he's putting more money into his gas tank and maintaining the car.
Dude several including myself suggested the proper course of action - determine if he is properly classified as an exempt (salaried) employee. Contact a labor attorney or the FLSA themselves.
Then come back to us....
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