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Your boss is of course doing the company a good thing. People abuse overtime because of the higher rate. They didn't hire you to work as much overtime as you want-- why should they? They could hire someone at a straight salary versus paying time and half.
Your manager, like me and my management, is managing his workforce to keep overtime at a minimum. If I have a business need and need my team to work it-- then it is available, but a standard work week I am not just going to have people hanging around extending out work that can be managed in 40 hours.
Of course not every day is predicatable and some days may be busier-- so in that event people work longer hours and then they are able to come in late/ leave early the next day. Most people enjoy this--. If people dont think they can do their work in 40 hours, then we sit together and reprioritize the work and delegate the other portions to others who may not have as many tasks.
This is NOT abuse...believe me once my 8 hours are up I WANT to go...I could care less about getting an extra $10 for working 30 mins...haha nice try.
Im sure you are a real peach to work for.
It depends on the parameters set by the company I think.
Where I work it's 8/80. If you work more than 8 hrs in a day, you get overtime. If you work more than 80 hrs per pay period (even if it's never more than 8 hrs a day), you get overtime.
So basically you could work 7 days straight at 8 hrs, then 3 dyas of 8 hrs the next week and never get overtime.
I have no idea what the laws for any given state may say. But it wouldn't surprise me if some places went by the 40hrs/week scheme.
This is NOT abuse...believe me once my 8 hours are up I WANT to go...I could care less about getting an extra $10 for working 30 mins...haha nice try.
Im sure you are a real peach to work for.
I guess I could be called a peach to work for-- I balance the needs of my employees with the needs of the company.
I.e. the most responsible thing a manager can and should do.
See now to me, it sounds like I am being worked over...and that it is illegal. I work 9hours, but get paid for 8.......and the other days I get paid for 8...which equals 80 on our bi-weekly check. Instead it should be 80 hours, plus 1 hour OT. Or even if I worked 72 hours because I was out sick one day, I should get 1 hour OT. They shouldn't apply the extra hour to make it 73 hours....it should be 73.5.
Am I wrong???
Are you salaried or hourly? Because salaried is a completely different story.
Do you punch a clock? Because when you work 9 hours, you get paid to work 9 hours. They can't just tack it on to a different day. They may not have to pay you overtime if you are still at 40 hrs for the week, but it's not like you aren't getting paid for all the hours you are working.
I can work 9 hours in a day..clock in at 8 and out at 6. Yes a lunch, and yes hourly.
Two days later I can go to clock out at 5, but get stopped and told I have to drive to the post office or FedEx to make a delivery. That usually takes 30 mins, and then I am officially "off", but never clock out.
So what happens is I do a mis-punch report for the 30 mins and "say" on paper that I forgot to punch out at 5. Then The next day I will NOT punch out or in, and "say" on paper that I forgot again to punch in/out. Now if I did punch in/out the second time, they "adjust" my time to reflect 8 hours on the "delivery day" and 8 hours on another day.
So that takes care of those two days, but what about the 9 hour day where I actually clocked in and out at 6pm? Well in that case I can clock in at 8 and out at 4, or in at 830 and out at 430.
Once ALL the paperwork is done, it looks like I made mistakes clocking in/out and doesn't reflect the special stuff I did for the company. I am the only one in the company that this happens to, because like I said my department is the only one who has a boss who goes by this. Everyone else leaves at 5, or gets paid OT and no one cares how many hours they work OT because work needs to be done. It isn't a company thing, it is a boss thing, and the boss has told me this is their thing.
I can work 9 hours in a day..clock in at 8 and out at 6. Yes a lunch, and yes hourly.
Two days later I can go to clock out at 5, but get stopped and told I have to drive to the post office or FedEx to make a delivery. That usually takes 30 mins, and then I am officially "off", but never clock out.
So what happens is I do a mis-punch report for the 30 mins and "say" on paper that I forgot to punch out at 5. Then The next day I will NOT punch out or in, and "say" on paper that I forgot again to punch in/out. Now if I did punch in/out the second time, they "adjust" my time to reflect 8 hours on the "delivery day" and 8 hours on another day.
So that takes care of those two days, but what about the 9 hour day where I actually clocked in and out at 6pm? Well in that case I can clock in at 8 and out at 4, or in at 830 and out at 430.
Once ALL the paperwork is done, it looks like I made mistakes clocking in/out and doesn't reflect the special stuff I did for the company. I am the only one in the company that this happens to, because like I said my department is the only one who has a boss who goes by this. Everyone else leaves at 5, or gets paid OT and no one cares how many hours they work OT because work needs to be done. It isn't a company thing, it is a boss thing, and the boss has told me this is their thing.
Don't do it!! If you're asked to "play around" with your clocking, don't! They shouldn't be asking you to do this--if you boss is concerned about having to pay OT he should legally find ways to work around it.
Unfortunately, if you keep saying yes and doing it--you're never going to be treated fairly.
Consider first things first. The owner of the company (employer) makes the rules and is also the one that signs your pay check. If you work more than 40 hours a week you are entitled to over time if you are an 'hourly employee'. I see two things you can do: 1. Tell him you don't mind working late if it is necessary, but you don't want to come to work late or leave early to make up for working late. Tell him when that happens you have to change your plans and sometimes that works a hardship on you, so you can no longer do it. Be nice, don't threaten him. 2. You can start looking for another job and when you find one quit. One thing I would think about is finding an easy part time job working for a friend just in case you need an excuse for why you can't work late. Don't make your boss think you are ungrateful for the job you have. When it come down to it, just having a job is pretty important now days. For an employer there are a lot of people to choose from...
Last edited by Nite Ryder; 03-05-2010 at 08:59 PM..
Reason: spelling
See now to me, it sounds like I am being worked over...and that it is illegal. I work 9hours, but get paid for 8.......and the other days I get paid for 8...which equals 80 on our bi-weekly check. Instead it should be 80 hours, plus 1 hour OT. Or even if I worked 72 hours because I was out sick one day, I should get 1 hour OT. They shouldn't apply the extra hour to make it 73 hours....it should be 73.5.
Am I wrong???
You are absolutely wrong and the company is doing nothing illegal!
Hospitals do this with nurses all the time where 12 hour shifts are standard and they do not pay time and a half for hours worked over 8.
The law says anything over 40 hours in the course of a work week. Period. They can have you work two 16 hour shifts Monday and Tuesday followed by an 8 hour shift on Wednesday and it is all straight time. Some people would actually like it....every weekend a four day weekend.
Some years ago my wife had a job where she worked three 12 hour shifts and we got to kind of like it. She went to work Monday through Wednesday and had Thursday through Sunday off. This was pretty good really.
You are absolutely wrong and the company is doing nothing illegal!
Hospitals do this with nurses all the time where 12 hour shifts are standard and they do not pay time and a half for hours worked over 8.
The law says anything over 40 hours in the course of a work week. Period. They can have you work two 16 hour shifts Monday and Tuesday followed by an 8 hour shift on Wednesday and it is all straight time. Some people would actually like it....every weekend a four day weekend.
Some years ago my wife had a job where she worked three 12 hour shifts and we got to kind of like it. She went to work Monday through Wednesday and had Thursday through Sunday off. This was pretty good really.
A poster came and found that the state of California (which is where the OP lives) apparently requires that employees ALSO be paid overtime per hours worked over 8/day.
According to the CA state labor site, that is true, so the OP does need to be paid overtime.
If you scroll further down, nurses would NOT be subject to overtime by the 8 hours in a day rule because they work a "modified work-week" with the expectation of working more hours and less days/week.
A poster came and found that the state of California (which is where the OP lives) apparently requires that employees ALSO be paid overtime per hours worked over 8/day.
According to the CA state labor site, that is true, so the OP does need to be paid overtime.
If you scroll further down, nurses would NOT be subject to overtime by the 8 hours in a day rule because they work a "modified work-week" with the expectation of working more hours and less days/week.
Ok, learn something new every day.
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