Overtime Pay

[remauto1187]

I haven't been paid hourly since I was in high school...1976. Back then OT wasn't paid until 50 hours a week.

Alot of things have changed since 1976. Just because it was ok back then doesnt mean it is ok now. There were slaves in the 1800's.....cant do that crap now.

To the OP, tell the son to stand up for himself and file a complaint with the state Dept of Labor OR never whine about it ever again. If he does not stand up for himself...nobody else will. And if the employer retaliates because the complaint was lodged DOCUMENT EVERY conversation with the employer. Then sue the snot out of them if they fire him, cut his hours or harass in any way.

 

[rockhopper46038]

I haven't been paid hourly since I was in high school...1976. Back then OT wasn't paid until 50 hours a week.

I haven't been in a job where only 40 hours a week was expected since my sophomore year in college, either. Or where overtime was paid.

Not saying I wouldn't like to get paid a bonus for working over 40 hours a week, but who thinks 40 hours is a standard work week anymore, anyway?

 

[2ADMNLOVER]

If it's that big a deal for you / him then check with an employment lawyer who can navigate the legalese .

They make all that legalese BS so complicated that the regular man can't understand it .

There are many exceptions and American companies will find a way to screw you out of every dollar they can .

For example , dock workers at Old Dominion Freight Lines .

They will work you 57 hours a week and kick you out the door because at 60 hours they'd have to pay you OT.

They get away with it because of some interstate commerce clause BS .

 

[LANShark42]

Overtime?!? What's that? Been exempt for 20 years or longer. I work AT LEAST 45 hours a week, usually more. That overtime stuff is good work when you can get it.

 

[Indy_Guy_77]

I'd love to get 40 hours a week...

37.5 sucks.

 

[femurphy77]

Thru creative scheduling they can work you 48 hours in a calender week and it's all straight time. depends on the shift rotation and when they start the pay week. I'm too lazy to explain it but I work this type of f'ed up schedule for 11 years and this was in a state that was a lot tougher on employers jacking with employees than Indiana is!

 

[j706]

Overtime??????? What is that? We get trade time.

Same here. And sometimes it is tough to get the trade/comp. time off.

 

[PistolBob]

I haven't been in a job where only 40 hours a week was expected since my sophomore year in college, either. Or where overtime was paid.

Not saying I wouldn't like to get paid a bonus for working over 40 hours a week, but who thinks 40 hours is a standard work week anymore, anyway?

Exactly. In this day and age, any job that pays a better than average wage is not getting done in 38 hours and 58 minutes a week. I probably average 50 hours a week...some weeks more, some weeks less depending on the needs of our customers. Some folks punch a clock, some folks manage a job, but everyone is working for the weekend!

I get a base salary, a monthly car allowance, quarterly profit sharing bonus, matching 401K, and my family health insurance is less than $200 a month....at least right now. I out earn all my hourly paid union and non-union family members...but I didn't go to college and get a degree in social work.

 

[Cameramonkey]

I worked for a place that was not a small business and they changed the shift schedules that that you worked 50 hours (10 hour shifts) but that 5th day was Monday so it was on the next pay period/week so you worked 50 hours straight but it was all straight time.

Most guys worked so much overtime (some over 100) a week so it did not mater to them but the guys that did not work much OT it did not go over well.

So hows it work the second week? the 10 hours you DIDNT get paid for OT gets tacked onto the 2nd week's pay so you would hit your OT the second week on Sunday, NOT Monday.

Or am I off my rocker? (quite possibly)

 

[hornadylnl]

Exactly. In this day and age, any job that pays a better than average wage is not getting done in 38 hours and 58 minutes a week. I probably average 50 hours a week...some weeks more, some weeks less depending on the needs of our customers. Some folks punch a clock, some folks manage a job, but everyone is working for the weekend!

I get a base salary, a monthly car allowance, quarterly profit sharing bonus, matching 401K, and my family health insurance is less than $200 a month....at least right now. I out earn all my hourly paid union and non-union family members...but I didn't go to college and get a degree in social work.

I worked 8 hours Saturday without a single break. It was my choice but I wanted to get the job done. It's always the same people complaining about getting shorted on break conveniently forgetting all the days they do an hour or less work a day. I don't mind having to cut a break short because I know I'll more than be able to make up for it.

 

[Moparracer89]

I worked 8 hours Saturday without a single break. It was my choice but I wanted to get the job done. It's always the same people complaining about getting shorted on break conveniently forgetting all the days they do an hour or less work a day. I don't mind having to cut a break short because I know I'll more than be able to make up for it.

Break? Never had one of those on the job.

 

[AJBB87]

Break? Never had one of those on the job.

WHAT? REALLY?

Hope everythings still going well for you boss.

Still searching for an alternative?

 

[hornadylnl]

Break? Never had one of those on the job.

Just funny that those who would sue over overtime pay would sue over short breaks. If I ever feel the need to sue an employer, it's time to move on.

 

[Hoosierkav]

Alot of things have changed since 1976. Just because it was ok back then doesnt mean it is ok now. There were slaves in the 1800's.....cant do that crap now.

To the OP, tell the son to stand up for himself and file a complaint with the state Dept of Labor OR never whine about it ever again. If he does not stand up for himself...nobody else will. And if the employer retaliates because the complaint was lodged DOCUMENT EVERY conversation with the employer. Then sue the snot out of them if they fire him, cut his hours or harass in any way.

Agreed.

Businesses get away with plenty that is illegal, because no one calls them on it. Illegal pay systems, holding money back, making the employee pay for broken things.

I would bet that having an employee sign a "policy document" that outlines something contrary to the law would not fly, since a) the employee isn't in the know, and b) the employer is asking (forcing) the employee to do something contrary to the law.

 

[Mark-DuCo]

Just funny that those who would sue over overtime pay would sue over short breaks. If I ever feel the need to sue an employer, it's time to move on.

My thoughts exactly. This isn't China, If you think your job, the hours or the pay, is so horrible then leave. If it really is unbearable the company will either lose it's workers and shut down or have to change the way they do things to stay in business.

 

[melensdad]

.

 

[92ThoStro]

I work in a restaurant, on a 2 week pay schedule. Your employer should have all the laws pertaining to OT, minor labor, leave time for disability, injury, pregnancy, military, and also stuff for workmans comp claims in the break room or other common employee area. Your son's employer no doubt is ripping him off, it goes weekly, even if they are on a 2 week schedule. My employer instructs the managers to cut anyone who is about to get OT and send them home. Now if we are too busy, obviously they have no choice.

Your son needs to speak up, or if he is too scared, then go and do it for him, tell the employer straight up that they have to pay OT.

AS far as short breaks go? The employee is under 18 and is required to have a 30 minute break if working over 5 hours. If the employer is not following the law, something needs to be done.

There is nothing wrong with forcing an employer to follow the law.
I can't remember what the fine is, but I believe it was around 10 or 12 grand according to our manager. He always says " Hey, get off the clock, you are going to cost me XXX " when talking to the minor employees. He's funny


I ALWAYS leave the building when I get sent on break. Many of us do. I drive off the property and eat in my car in an empty parking lot down the street. That way I can listen to music, and eat in peace without being called back.

One busy Saturday they sent me on break and said "don't leave, we might need you" and I said if I get an unpaid break then I can go anywhere. You can only make us stay during paid breaks ( floor supervisors ), it says it right in the employee manual "
That was the end of that discussion. I know I don't legally have to get a break, and they have tried to work me 9 hours or more without one before. I don't let that happen. I say I need one. If you can give everyone else a break, you can give me one too. Working in a a busy restaurant for near minimum wage is exhausting. One time I had to tell the manager that if he didn't give me a break, I wouldn't come to work tomorrow. That turned him around real quick. I come in early all the time, stay late, drive employees to and from work that have no transportation. Train the new employees, and work hard. Never on my phone like other employees are.

I know, I'm a jerk, customers are suppose to come first. But I can afford to be one, you can get a minimum wage job anywhere. Everybody is hiring at this level.

Off the clock is off the clock. OT is OT

When I worked in a store, I worked 14-16 hours, no OT and a lot of the time, no breaks. Family owned it, so it was in my best interest But working in a store is not exhausting. Working in a busy restaurant in the kitchen is exhausting. And you get paid less than other jobs. I need my break.

I know some of you will think, wow if an employee talked to me like that, they would be out the door. If I am going to work in a crap job, for min wage, then I want my OT and break, and there are no ifs ands or buts. The past 2 years, we have only had 2 employees stay besides me. One has been here almost a year, and the other a little over a year. So I trained dozens of people, and they end up quitting. Everyone else is on a week to a few months turn around. Many of them quit after the first day. Many of the newer people don't show up for work, and don't call. They don't get fired because they have a hard time finding people.

I train them, so I am one of the first to know when they quit. It's always because it's too hot ( employer keeps it warm for the eating area, but that means it gets HOT in the kitchen. If they cooled the kitchen down, it would be too cold for the lobby. Other reasons are because they always get yelled at by the managers ( too scared to stick up for themselves ) and it is just too busy.

Simple, if they yell " Ok, well I guess I got to go home then if I am that bad, sorry. " Who is taking over for me again?

I don't yell or swear at you, then you best not yell or swear at me. I couldn't care less if I am your employee, you don't yell or swear at me. I will walk out and you can work my spot. It's always something stupid, not like I get yelled at a lot.

Stuff like another new employee can't find something in the cooler, so I go and help really quick. Well that means we are short in the kitchen, if only for 30 seconds. So I am fing leaving my spot, and we have customers waiting for food, yadada. Well if you don't have the food to cook because an employee can't find it, how can I cook it ahahahahahah?